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Husband doesn't want to sign the divorce papers

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  • moreenfernandez
    replied
    Re: Husband doesn't want to sign the divorce papers

    He was hospitalized for a few days in the psychiatric section then later released with definite result doctors said depression. I will get all medical records. Will this help the divorce process? I'm in California. Sorry I couldn't change the flag. Thanks

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  • Friend In Court
    replied
    re: Husband doesn't want to sign the divorce papers

    Originally posted by moreenfernandez View Post
    We live in California, so what's the process? Thank you
    If you live in California, that is the flag you should have put up by your name instead of the flag of the Philippines. Answers on the law are jurisdiction specific.

    California awards no fault divorces,so your husband does not have to sign anything. It can be awarded by default.

    His mental competence,however, is still relevant. So that issue needs to be determined before you launch off shedding him.

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  • moreenfernandez
    replied
    re: Husband doesn't want to sign the divorce papers

    We live in California, so what's the process? Thank you

    Leave a comment:


  • Friend In Court
    replied
    re: Husband doesn't want to sign the divorce papers

    Originally posted by moreenfernandez View Post
    What should I do if my husband doesn't want to sign the divorce papers? I have 3 kids under 18. He had a history of mental problem. Will that help if he won't sign? If he has a mental problem, am I obligated for spousal support. How long do you think it will take to be finalized. Thank you.
    Your choices will depend on several things, one of which is the degree of mental problems your husband has --whether he is competent to make his own decisions or needs a guardian. This will affect his ability (mental capacity) to make any decisions regarding ending the marriage or must have that decision made for him. A guardian.

    There is no divorce in the Philippines -- only legal separation or annulment. The shortest period of time between filing and the decree of separation is six months.

    As to support,Philippines Family Code, Title VIII sets out the obligations for support. Because of the complications of children who are in need of support,his mental condition, whether or not other family members can be looked to for his support, I strongly recommend you see a family law attorney in the Philippines to go over the facts of your individual case before you make a decision.

    As to support under Phillipines Family Code, here is the applicable text:

    "Art. 105. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

    (1) The spouses;
    (2) Legitimate ascendants and descendants;
    (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
    (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
    (5) Legitimate brothers and sisters, whether of full or half-blood
    Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence.

    Art. 197. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (n)
    Art. 198. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. "

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  • AFFA
    replied
    re: Husband doesn't want to sign the divorce papers

    I wish to inform you that generally either consent of husband or if he has mental issues then consent of his guardian is required. Further if you are in Philippines then generally divorce may not be taken as annulment is only granted. If husband does not agree then you may show your reasons for divorce or annulment and show that under provisions of law it is allowed and thus may take divorce or annulment.

    AFF

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  • Husband doesn't want to sign the divorce papers

    What should I do if my husband doesn't want to sign the divorce papers? I have 3 kids under 18. He had a history of mental problem. Will that help if he won't sign? If he has a mental problem, am I obligated for spousal support. How long do you think it will take to be finalized. Thank you.
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