My 1st husband killed himself when we were married for a year. Now I kick number 2 out and he played on that. I want a divorce and he says he won't sign papers.
2006-09-30 15:23:34 · 6 answers · asked by living it 2 in Family & Relationships ➔ Marriage & Divorce
Please make sure your divorce papers are at the very least FILED with the county court. I'm pretty sure there is a time period where even if not signed by your spouse you are offically divorced but the papers MUST be filed.
I found out the very hard way that even lawyers sometimes fail to file this paper work until signed or becuase they are withholding filing until one or the other parties pays the fees.
I went to court got a divorce and only upon becoming pregant two years later my insurance company discovered I wasn't divorced offically.
My 'thought to be ex' was as shocked as I was at the time but it turns out his lawyer withheld filing because he never paid him for representing him. Lucky for me I was personal friends of a sort with the county superior court judge who upon hearing me tearfully convey my discovery I wasn't actually divorced got to the bottom the issue within about an hour and had his lawyer forcable collected by the county sheriff's and escourted to the courthouse and this lawyer was forced to file the paperwork finally under threat of contempt of court.
Since that experience I learned this happens to many couples where one or both lawyers don't file the proper paperwork. One didn't find out for a consider number of years until she attempted to remarry and her previous lawyer had passed away forcing her to go through the entire process again.
Bottom line- file the paperwork and double check with the clerk's office it is registered as filed. If your ex refuses to sign it doesn't matter one bit!
2006-09-30 16:31:02 · answer #1 · answered by Answerkeeper 4 · 0⤊ 0⤋
I was married at 19 for six months.......this honestly was an accident. The only address I had for him was his mothers, now whether I sent it certified to the wrong address of what I don't know but he never got them, therefore he didn't show up to the court date. It was granted as uncontested since he didn't show up, I had my proof of service by mail. You might need to try that, he doesn't have to sign them, the judge can still grant you a divorce. And the judge will not like that he isn't cooperating!
2006-09-30 22:27:26 · answer #2 · answered by WitchTwo 6 · 0⤊ 0⤋
I'm in NJ, my ex was served with papers for the court date - but he didn't show up, so they called it "uncontested." The judge granted the divorce and they sent him the papers. To the best of my knowledge, he didn't have to sign anything.
Maybe it depends on the grounds of the divorce...
2006-09-30 22:27:24 · answer #3 · answered by HearKat 7 · 0⤊ 0⤋
he doesn't have to sign, all you need is proof of service of the divorce papers, if he doesn't sign them, it will default him when the time period expires
2006-09-30 22:29:37 · answer #4 · answered by casurfwatcher 6 · 0⤊ 0⤋
I live in missouri and i had no problem getting mine done get a decent lawyer that helps!
2006-09-30 23:22:53 · answer #5 · answered by mom363546 5 · 0⤊ 0⤋
You will definetely need those papers to seal the deal.
2006-09-30 22:25:09 · answer #6 · answered by Michelle R 2 · 0⤊ 0⤋