t he co respondent in my divorce will not sign and send the divorce papers back into court.
this has been going on sice september.
need help where to go from here.
2007-01-07 03:28:43 · 8 answers · asked by joy1949barnes@btinternet.com 1 in Family & Relationships ➔ Marriage & Divorce
Back to your solicitor - my ex was exactly the same - put them in the bin every time. It will cost you more because solicitor/court may be involved - but don't let that deter you.
Good luck - keep on keeping on.
2007-01-08 23:53:29 · answer #1 · answered by intelligentbutdizzy 4 · 0⤊ 0⤋
Co-respondent
2016-11-07 00:14:39 · answer #2 · answered by venessa 4 · 0⤊ 0⤋
It was unnecessary and unwise to cite a co-respondent in any case and you will only have antagonised the court by doing so. You can't make him/her sign them and you have given him/her the power to scupper your divorce completely if he/she decides to simply deny being involved. As you have named this other person, both your ex and the co-respondent will have to admit the adultery otherwise the District Judge will have to refuse your divorce. If your ex is willing to admit having committed adultery, have the petition amended to state that adultery was with a woman unknown or man unknown, or that it was with "a woman (or man) whom the petitioner prefers not to name".
This is the best and cheapest way of getting your divorce to move along. If you hadn't chosen to name the co-respondent, you would quite likely have had at least your decree nisi by now, possibly your absolute as well. I issued proceedings at the end of September 2004 and had my absolute before Christmas.
The court is not a forum for apportioning blame. It is simply there to end your marriage. It has no interest whatsoever in who did what to whom. If your ex will not admit adultery then you should issue on the basis of his/her unreasonable behaviour which is much easier to prove and I think is a lot less acrimonious provided you keep your allegations as mild as possible whilst still showing that you're entitled to a divorce. Since you've already issued on the basis of adultery though, if you do need to do this, you would need to apply to the court to dismiss the adultery petition before you could issue the behaviour petition, so you can see how much trouble you may have bought for yourself by naming this other person.
Why on earth does this other person think you could have divorced any old where you like? The court in Dominican Republic would not have had jurisdiction.
And it's wrong to say the co-respondent can be prosecuted or that your lawyer could do anything about it. There is nothing anyone can do to force the co-respondent to co-operate. It would be expensive to "sub-poena" him/her, the court would most likely not agree to do it, and if you were able to drag him/her into court, there would be nothing to stop him/her simply denying all involvement in the breakdown of your marriage and making you look stupid and even crazy.
You can get your divorce without the co-respondent being involved. Please just be sensible about this and don't try to make your divorce into some kind of circus. Your marriage is over and the divorce is just paperwork that will ultimately enable you to move on.
2007-01-07 03:40:50 · answer #3 · answered by Specsy 4 · 0⤊ 0⤋
if its under a year u could get an annulled marriage, over u must file for divorce.. the separation thing still carries a marriage title in a sense so file divorce and get free advice from the court house in your state on your day off or post in family law sum of attorneys use ans and give advice. good luck and party on..
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2016-04-16 09:35:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You still can get the divorce, "in absentia" (in the absence of the other part). Tell your lawyer to wake up and smell the coffee, or you'll get another lawyer that is awake. You can have your lawyer to request a subponea and she will have to appear in court or she would be found in contempt and may be subject to prison.
You should have divorced in the Dominican Republic, it is cheap and valid. For more information go to http://www.dr1.com
2007-01-07 03:36:51 · answer #5 · answered by David G 6 · 0⤊ 1⤋
1
2017-02-17 12:22:10 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Check your state law..
In many states, they don't have to sign..
You can divorce them anyway..
They don't have to agree, sign, or be present..
2007-01-07 03:32:26 · answer #7 · answered by Anonymous · 1⤊ 0⤋
have your solicitor contact this person and demand that he/she does so otherwise they can prosecute....
2007-01-07 03:35:31 · answer #8 · answered by Anonymous · 1⤊ 1⤋