I suspect it wouldn't matter, but am curious, as the husband is convinced if the wife makes up her mind to divorce him and he refuses to sign that the divorce will not go through. He will not go to court..will refuse to cooperate entirely? Suggestions? (and he won't sign and cooperate, so working with the husband is out of the question.)
2007-05-09 09:13:40 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
First, file your orignal petition with the court and fill out the paperwork to have him served. Second, have him served with the petition by a process server of the constable (depends on where he lives). Third when he is served calendar the date that he has to respond by which is 20 days the following Monday. Fourth when he does not answer the lawsuit you file a motion for default judgment and request a hearing date you mail him a certified letter with the motion and hearing date, if he does not appear you are usually awarded everything you ask for.
2007-05-09 14:25:03 · answer #1 · answered by Esmer 1 · 0⤊ 0⤋
The judge will sign for her. Most divorces are not mutual. There is generally 1 party who wants out and the other doesn't. In the future, take your time dating so that you don't make such a wrong life decision. See if you can get an annullment. Definitely step up and be a man/good father to your child.
2016-04-01 04:11:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The papers don't need to be signed, but it will take longer. There is a time limit once the papers are filed in the court. A judge can compell a party to sign, or simply declare the divorce final.
2007-05-09 09:26:12 · answer #3 · answered by gromit801 7 · 0⤊ 0⤋
It depends on the state you are in, check your local laws. In some states the person served with the papers doesn't have to sign them for the divorce to go into effect, it just happens after a set amount of time.
In other states both parties must sign the divorce decree in order for it to be finalized.
The key part, typically is Serving them with the papers. It usually has to be done by a liscensed process server. I have a friend who got divorced, but had to wait over a year for her ex to be served because he enlisted in the military and his recruiter refused to tell her where he was at so she could serve him. It took over 8 months for her to go through channels to get his address, and then, find out when he was on guard duty, and have him served while he was standing there.
Also, since he's being obstinate, you'll have to wait the maximum "cooling off" period that some states have. I know in Oregon, its 90 days, but can be waived it both parties agree to accellerate the divorce, and reduced to 30 days. Hope this helps. Good luck.
2007-05-09 09:37:40 · answer #4 · answered by KGene1969 3 · 0⤊ 0⤋
If he is delivered divorce papers by the court and the wife has turned hers in, they give you about 21 days then they set a court date, for both parties to be present. If he doesn't show up, then the divorce is final.
2007-05-09 09:29:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Just because he says he won't sign the papers does not make it impossible. My mother went through the same thing and after three times of sending him the papers the judge granted her the divorce. So you don't have anything to worry about...he can not make you stay married to him.
2007-05-09 09:28:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's called "contested". It won't make it impossible, but it will prolong the process. The petitioner - in this case the wife - will have to show just cause why she should be granted a divorce and she can't just say "I don't love him anymore" or "he beats me". If she's being beaten or cheated on she'll have to show proof, police reports, photos of abuse or solid proof that he cheated. If she can't, she'll be denied the divorce. Which, when you think about it is a big mistake - a person who feels trapped in a marriage that they want out of, would be prone to do just about anything to get out. Anyway, that's my two cents.
2007-05-09 09:31:19 · answer #7 · answered by Brandy 6 · 0⤊ 0⤋
Divorce will be given by default.
It takes a little longer but you're still just a divorced.
2007-05-09 09:31:55 · answer #8 · answered by nailgal2005 3 · 0⤊ 0⤋
no it will not. He dont have to sign any thing. I went throu the same thing. The judge just sign the papers and we were divorced.
2007-05-09 09:29:48 · answer #9 · answered by Chris F 3 · 0⤊ 0⤋
No one is obligated to stay marry to someone if they don't want to....If he refuses to sign or comply he can get into alot of trouble......It may take some time but, eventally she will get her divorce....
2007-05-09 09:28:48 · answer #10 · answered by Yvette D 5 · 0⤊ 0⤋