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My boyfriend's ex filed for divorce about 2 years ago, my boyfriend didn't respond in time, and now it's uncontested, there's a paper his ex has to file but she still hasn't done it. My boyfriend does not want to wait any longer, what can he do? What papers will he need to proceed with the divorce?

2006-07-10 09:58:53 · 19 answers · asked by angelfacekisses74 1 in Family & Relationships Marriage & Divorce

19 answers

XXXXXXXXXXXXXXX he needs to get a lawyerXXXXXXXXXXX

2006-07-10 10:00:54 · answer #1 · answered by asoldierswife 7 · 2 0

I don't know what state you are in, but let me explain the procedure in Arkansas (where I am a paralegal). Even if your boyfriend's ex filed for divorce over 2 years ago and he did not file a timely response, the Court will usually close out the file after 12 months of inactivity. Meaning, if neither she nor her attorney have filed a divorce decree, hearing notice, etc. within 12 months from the date of the last activity, the Court would most likely close out the file giving your boyfriend the opportunity to file for divorce. First, he needs to call the clerk's office and give them the case number and see if the file is still open. If it is, he should be able to file a counterclaim for divorce. But, my guess is that it is closed by now, so he would need to hire an attorney to draft a Complaint for divorce, summons, etc. and have her served, schedule the hearing, etc. Hope this helps!

2006-07-10 10:10:50 · answer #2 · answered by Suzy W 1 · 0 0

If she did not already use legal aid tell hm to get his butt down there and file himself NOW!!! If they have children together he will have the upper hand if he files first. He can make the stipulations for the visitation etc. And she will have to contest it. I am a female but I definitly believe in giving dads and men a fighting chance in court. By now the petition for divorce has more than likely been dropped anyways, depending on what state you live in. They don't keep those things active forever. Tell him to hurry up and file before she refiles.

2006-07-10 10:04:59 · answer #3 · answered by rubygloom28 2 · 0 0

Yes, he can file for a divorce too. The stars do it all the time. In any case he will need to contact an attorney.

2006-07-10 10:02:04 · answer #4 · answered by kitcat 6 · 0 0

He can file on his own as the soon-to-be ex cannot be forced to re-file if she doen't wish to do so. He can ask nicely but it will be her call.

Get a lawyer and stop tryiong to avoid the bill....

2006-07-10 10:01:29 · answer #5 · answered by Blunt 7 · 0 0

The only thing I can think of is that your boy and his ex need to talk and get this thing under control. If she still doesn`t comply, I think he could appeal to the court and plead his case.

2006-07-10 10:03:42 · answer #6 · answered by boricua 1 · 0 0

go down to the local court house to the clerk of courts office and ask them exactly what you need to do. they'll point you in the right direction. that'll be your best source of info, as each state and sometimes county laws are different when it comes to marriage and divorce. good luck.

2006-07-10 10:01:53 · answer #7 · answered by rocknrobin21 4 · 0 0

he needs to do some checking then file the paper himself.

2006-07-10 10:02:50 · answer #8 · answered by dappersmom 6 · 0 0

Yes he can file it. I'd go to a lawyer to make sure that it is legal.

2006-07-10 10:03:25 · answer #9 · answered by celtic925 2 · 0 0

He should talk to a lawyer and find out what he can do to speed things along.

2006-07-10 10:02:21 · answer #10 · answered by Anonymous · 0 0

He should just find an attorney and tell them what he wants to do. The attorney could advise him.

2006-07-10 10:01:08 · answer #11 · answered by sweetnessmo 5 · 0 0

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