i live in california
2007-01-22 13:16:49 · 14 answers · asked by PUI 1 in Family & Relationships ➔ Marriage & Divorce
File the papers alone and have him served. If he won't play fair, it's all up for grabs. HIRE AN ATTORNEY!!
2007-01-22 13:22:01 · answer #1 · answered by Starla_C 7 · 1⤊ 0⤋
You can file a divorce with a default decree if you have a lawyer he or she will know is a divorce that were if the other part don't show up or sign the papers you still can get a divorce when you file it is what the terms are...I got a divorce were my ex-husband don't sign and didn't show up to the court date he was serve with the papers etc...He always hide so still I got a divorce...Default is what it call when you get tha kind of divorce...
2007-01-22 13:54:47 · answer #2 · answered by nena_en_austin 5 · 0⤊ 0⤋
first off, can u hire an attorney, im gonna assume no, ok, go down to the court house, most courts have a simple divorce packet that u can do yourself, first is the summons, or notice sent to the recipient, he then has 20 to 30 days to file an answer, whether he wants a divorce or not, he has to file, most states r now no fault divorces so if u want it u get it, if he does not answer, then u file a motion for a default judgment, that means he was non compliant and u get everything u ask for, the divorce packet has most of this in it, but i would suggest buying at barnes and noble, or any book store, a book called Represent yourself in court, very good book, and it explains alot, the big hurdle is gonna be the kids and support, for that call ur local child support enforcement office and they will help u get the workbook for u each to fill out to determine child support, or at ur first hearing ask the judge to assign a counselor to u both to do this part, good luck, if u want to add more i will check later
2016-03-28 21:56:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I am not sure of the divorce laws in California See an attorney in California
.But in NC if one party fines for separation and mantains separated for a year then a divorce is granted and it doesnt matter if he signs or not
..Been there done that !
2007-01-22 19:44:00 · answer #4 · answered by prettycoolchick38 4 · 0⤊ 0⤋
Talk to your attorney (I'm not an attorney and know NOTHING about CA law), but I don't think you have to have his consent. You'll probably just have to file for a contested divorce. If you don't want to go this route, talk to your husband and assure him that you're not changing your mind and that'll just be easier on both of you if he signs the papers and if he doesn't, you'll take further legal action to have the divorce pursued.
2007-01-22 13:21:34 · answer #5 · answered by reandsmom77 6 · 1⤊ 0⤋
Go file it anyway. If CA law is like AZ law, he will have so many days to respond. (here it's 20 days) If he doesn't, you may be granted the divorce and all you ask for by default. You can still get a divorce.
2007-01-22 13:48:53 · answer #6 · answered by a_lot_smarter_now 4 · 0⤊ 0⤋
go to your local county court and file the necessary papers. If you do it yourself it will cost about $250.00, you will be required to take an all day course but it's worth it. Then get all of your information that you need and file the papers, you will get three copies, one is for you to keep, one you must have delievered to your husband (you can have the Sherriff deleiver them or get the "return receipt" postage ready and have a friend/neighbor mail them...you can't mail them). The third and final copy you leave with the court for their files. He will have, I believe 60 days to "answer" or respond to the papers, if in that 60 days the court will then grant you a default decree of divorce. I was advised and I will pass it on...that if you suspect he will not respond to ask for EVERYTHING in your papers, that way either he will WANT to respond just to keep you from getting it ll or, if he doesn't respond you WILL get it all. Good luck
2007-01-22 13:43:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋
You need to speak to a lawyer. I believe in every state you can obtain a divorce over the objections of your spouse it is just more difficult and certainly more costly every state will be different so speak to a lawyer in California. The good news is that most lawyers will be willing to speak to you without any initial charges and explain to you what you will need to do before putting them on retainer.
2007-01-22 13:33:03 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I agree with your first 2 answers...and my advice to you is not only to hire an attorney, but hire an attorney who has experience in divorce cases. Think about it. Best of luck to you.
2007-01-22 13:24:52 · answer #9 · answered by cajunrescuemedic 6 · 1⤊ 0⤋
Hmmm talk to an attorney and find out what your options are here with this current situation you are in.... It may be quite a bit harder to get a divorce since he does not want it but I am not sure.
2007-01-22 13:37:17 · answer #10 · answered by Lady Hewitt 6 · 0⤊ 1⤋