My husband and I have been separated for one year. He is now living with somebody else, but he wont sign the divorce papers. I now live in another state, is it possible for me to find an attorney in my state who can represent my case?
2006-10-16 05:10:02 · 14 answers · asked by ? 2 in Family & Relationships ➔ Marriage & Divorce
If you are separated for 1 year and are living in separate places, you can file divorce papers citing irreconcilable differences, without the other person signing. As long as they are served the papers, whether they sign or not.
If you are petitioning for the divorce and it is clear cut and dry, no assets to split, children etc. then you do not even need for them to be present in court...
It sounds like this person won't sign because they are afraid to lose out $$$ as support for you
This is how it is where I live.
Contact an attorney and get the lowdown on your state... and proceed
2006-10-16 05:23:31 · answer #1 · answered by doclakewrite 7 · 0⤊ 0⤋
You have the option of calling a legal aid society in your area and posing the same question to a staff attorney. You may be able to file for divorce in your state if you have established residency there--ask an attorney in your state. And don't worry about his refusal to sign--it's not up to him as to whether you are granted a divorce. Your lawyer will know somebody who can decide whether you are entitled to the same--tht person is called 'judge'. Good luck!
2006-10-16 05:14:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Ok I had an exwife who played the same game. I live in Texas and here is what happened after a year of that junk. I requested that the Judge force her to show up in court for the divorce hearing. They sent out a cop to go serve her. She didn't show up at the next hearing and the judge granted my divorce. So my advice is to talk to your Lawyer and have him ask the Judge to serve your ex. The faster the better.
2016-03-28 11:31:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
All you have to do is put it in the legal notices of the news paper, if he doesn't respond within 90 days a judge will grant you the divorce
2006-10-16 05:17:57 · answer #4 · answered by seilygirl 4 · 2⤊ 0⤋
Check the regulations in the state you got the divorce from. They may have a provision for your situation especially since you both live in seperate stataes and he is living with someone else.
2006-10-16 05:12:16 · answer #5 · answered by fortyninertu 5 · 0⤊ 0⤋
Go to Womens Resource Center and legal aid; or if you can hire an attorney do so. He can be divorced even if he refuses to sign but you have to do so legally.
2006-10-16 05:35:03 · answer #6 · answered by acmeraven 7 · 0⤊ 0⤋
It depends on what state you live in, but as far as I know in most states you don't have to have both parties sign the petition - the court can issue a warrant if it has to.
2006-10-16 05:12:18 · answer #7 · answered by Ali 5 · 0⤊ 0⤋
As far as I know, you can proceed with the divorce without him. Consult a lawyer to confirm what your rights are, then proceed with carrying out that advice.
2006-10-16 05:12:42 · answer #8 · answered by ron k 4 · 1⤊ 0⤋
Of course. If push comes to shove, you can tell the woman hes with now that he wont sign. That will get things moving!
2006-10-16 05:12:29 · answer #9 · answered by JC 7 · 2⤊ 0⤋
I don't know if you'd need to find one in your state or the state of the marriage, but I suggest you call and ask. Don't let that man hijack your freedom.
2006-10-16 05:14:59 · answer #10 · answered by Anonymous · 1⤊ 0⤋