Husband refusing to sign divorce papers.

[JFrancois4287]

Is there any way I can divorce someone without them having to sign the papers? My husband is being beyond unreasonable and is refusing to sign the papers for divorce until our daughter turns 18. She's 7 now. He won't listen to reason or anything else. He's just being downright spiteful.

[Lexus]

Re: Husband refusing to sign divorce papers.

Divorce papers might be refused because someone does not agree with the stipulations of the agreement. If compromises are made, the agreement can be revised, resulting in both parties signing the papers. File a motion of default in the court where the original divorce petition was filed. If the spouse fails to respond, the divorce will be granted.

[JFrancois4287]

Re: Husband refusing to sign divorce papers.

Divorce papers might be refused because someone does not agree with the stipulations of the agreement. If compromises are made, the agreement can be revised, resulting in both parties signing the papers. File a motion of default in the court where the original divorce petition was filed. If the spouse fails to respond, the divorce will be granted.

Thank you. I'll do that.

[Friend In Court]

Re: Husband refusing to sign divorce papers.

Is there any way I can divorce someone without them having to sign the papers? My husband is being beyond unreasonable and is refusing to sign the papers for divorce until our daughter turns 18. She's 7 now. He won't listen to reason or anything else. He's just being downright spiteful.

Since divorces are now no fault, it is not necessary for both parties to agree. You can file your petition for divorce on grounds of 'irreconcilable differences.' Some state courts will order mediation if the other party does not agree when they answer, disputing the fact the marriage is 'irretrievably broken.' But if mediation does not work, then the divorce would be granted, anyway.

So prepare the petition, for divorce, custody, support, visitation, division of the assets of the marriage, and have him served. Your nterests and that of your child would be best served by consulting with a family law attorney so you are apprised of your rights and the procedures in your county. When there is a child involved, you can do no less than that.

[Unregistered]

Re: Husband refusing to sign divorce papers.

TX
I also have this same problem. At first he agreed now he says he will not assign anything.
I guess if he will not sign I can file and the court will make him appear and issue the divorce is that right?

[Wenton2]

Re: Husband refusing to sign divorce papers.

You certainly can file in court without his consent and permission. The court will proceed with the divorce and there will be a little he can do to stop it.

[senna]

Re: Husband refusing to sign divorce papers.

When you file for divorce and pursue the matter in court, it does not matter what your husband wants to sign. So his threat or attempt to delay is meaningless.
The court will eventually grant the divorce.

[terrystidh]

Re: Husband refusing to sign divorce papers.

Generally, papers are served either through a legal processor or through certified mail within 120 days of filing for the divorce; your spouse then typically has 30 days to respond. If your spouse is dodging the processors, refusing to sign for certified mail, giving you a phony address, etc., you can go to court and ask for more time or request that you be allowed to post your intent to divorce in a legal notice placed in a local paper. Publishing the notice satisfies your requirement of notifying your spouse—whether he or she sees the ad or not.

Be aware, though, that your spouse is under no legal obligation to respond to the divorce notice. While it will behoove him or her to respond so any concerns and demands can be addressed, not signing the paperwork just means your spouse’s side is never presented in court. And the divorce may drag on.

[Unregistered]

Generally, papers are served either through a legal processor or through certified mail within 120 days of filing for the divorce; your spouse then typically has 30 days to respond. If your spouse is dodging the processors, refusing to sign for certified mail, giving you a phony address, etc., you can go to court and ask for more time or request that you be allowed to post your intent to divorce in a legal notice placed in a local paper. Publishing the notice satisfies your requirement of notifying your spouse—whether he or she sees the ad or not.

Be aware, though, that your spouse is under no legal obligation to respond to the divorce notice. While it will behoove him or her to respond so any concerns and demands can be addressed, not signing the paperwork just means your spouse’s side is never presented in court. And the divorce may drag on.

exactly what happened in my divorce, my ex-husband never signed , the court kept giving him chances, and that delayed the



divorce by a year

[Guest]

Eventually once served it does not matter whether he agrees or not...