I have a close friend that is going thru a divorce like I"am. She has sighed her papers and her husband refuses to sign them for two years. They went ot court and the judge didnt do anything, she wanted the house for the kids the judge said it would be hard to remove the father from the house. They at the house treat her like crap. She told her attorney she had to get out, if she leaves he said it would be abnoment, but how can a person live like that. She has a lot of friends andwe try to help her with talks and understanding. She knows she has to leave but what will happen if the kids dont go with her. The courts doesnt seem to want to get involved. I told her I would try to get some answers from peolpe to see what they think
2006-07-31 04:49:41 · 9 answers · asked by hillbilly 1 in Family & Relationships ➔ Marriage & Divorce
It's a misconception that if a person refuses to sign the divorce paperwork, then they are essentually denying the spouse a divorce. That's totally incorrect in any state.
A judge will grant a divorce even if the other spouse refuses to sign the divorce paperwork. I would just ignore his being stupid and petty. He thinks that he can get revenge on her by saying he won't sign. Don't fall for it, he can't do that anyway. So no worries there.
If he contests the divorce, then that just means the divorce will take that much longer to be over and done with. And the more it'll cost in the end, if he tries to contest it. If he DID contest the divorce, then you should request that he be made responsible to pay for your lawyers fees. Which all the judge would do is order him to repay you for what your out. He can't drag the divorce out for years.
2006-07-31 04:55:22 · answer #1 · answered by rdhedhottie 5 · 0⤊ 0⤋
The court will not get involved. They are unbiased so they wont take a side. In my divorce I was told that the parent that takes the kids has custody until a court order is established. Some advice for her may be too just leave and take the kids with her. It can be taken as abandonement if she leaves without the kids. If she left without the kids it would leave custody with the father. Also the courts are hesitant to do anything until one parent leaves the household. As long as both are still in the house then there is the chance they will get back together and cancel the divorce. Leaving is like putting a down payment on a car. You have to show that you are serious and if one person doesnt leave and theres no abuse going on then the judge sees no seriousness on her part to take action. Its up to her if she wants out or not. I would suggest she leave with the kids and then in the filings of the divorce try for the house. If she hasnt been helping make mortgage payments though she may be responsible to pay for up to half the homes value back to her husband. Thats why its usually easier for couples to sell what they have and start over.
2006-07-31 04:59:47 · answer #2 · answered by tregore2000 1 · 0⤊ 0⤋
Absolutely find a new lawyer that specializes in domestic law. When she filed for divorce, the attorney should have filed motions for temporary orders (who gets kids, support) and a motion for beneficial use (who gets house). It would only be hard to remove him from the house if he owned it before they were married. If she leaves, under no circumstances should she go without the children. If I were her, after finding a new attorney I would call the local bar association and make a formal complaint against her present attorney. Someone did not do their job very well, especially if her husband has not attorney!!! She can ask to be reimbursed for all $ she gave to the attorney. I'm not sure what state you are from, but there is no excuse for her divorce to have been drug out so long. Best of luck to you and to your friend.
2006-07-31 07:34:40 · answer #3 · answered by stacilynn26 3 · 0⤊ 0⤋
She needs to get another lawyer. This one is not looking out for her best interests. She can still file the divorce with the court. Her husband can contest it but I doubt he would go through with the expense of hiring a lawyer etc. and having to go to court. If she cannot afford one - contact your nearest legal aid clinic for free advice. If that is not a possibility maybe some of her friends or relatives can chip in toward the cost. It sounds like she already has most of the paperwork prepared - so this shouldn't be too much.No one deserves to live this way.
2006-07-31 04:59:41 · answer #4 · answered by arkiemom 6 · 0⤊ 0⤋
She needs to find a new lawyer. One that will push the divorce. Both parties do not need to sign the papers. When only one signs it becomes a contested divorce. If I was her, I would look for a new lawyer or get her current lawyer to have the divorce case heard by a different judge.
2006-07-31 04:53:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
nothing can be done if only one signs the divorce papers, yes it would be abandoning the kids, if the kids don't go with her then it could be for a good reason think about it. men do have the rights not to sign divorce papers just like women have that right as well.
2006-07-31 04:59:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Does her lawyer deal strictly with family law?
Another lawyer might not advise her until she would dismiss this one. But he is CORRECT about the abandonment issue. She would lose the house & the custody of her children if she leaves. So don't let her do that!
Help her come up with a suitable living arrangement in her house. Help her be strong. Her husband may give in when he sees she isn't bothered by his antics, tho' inside it may be killing her.
2006-07-31 04:58:42 · answer #7 · answered by weddrev 6 · 0⤊ 0⤋
The court is not her problem.
You are not giving the whole story.
There is something else going on here.
2006-07-31 05:09:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She married this man, now she has to deal with him. The courts will have to decide the matter and she will have to tough it out until they do.
2006-07-31 04:54:26 · answer #9 · answered by janicajayne 7 · 0⤊ 0⤋