I have been trying to get divorced from a registered pedaphile who is presently in prison for molesting our daughter. He refuses to sign the papers and I am told he has rights. I thought the Judge took his rights away when he sentenced him to prison. He is not allowed contact with our children at all. The only thing I have in both our names is the car. How do I get his name off the registration? I need the car for transportation and I did pay for it and the insurance and upkeep. I don't feel he has a right to make demands at all. I am the one who should be demanding things from him. Like child support which he has never paid in 18 years.
2007-06-11 12:55:16 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He can't just refuse to sign papers...
Do you have a lawyer? If not, you should.
If he is served papers and doesn't sign/respond, you will get a default judgement in your favor.
If he has a date to meet you in Court for the divorce and doesn't show up, you get a default judgement in your favor...
Your lawyer can work this out for you.
NOT signing and responding is actually a much better situation for you than if he were to also have a lawyer and respond by fighting you...
He gets paid for work in prision... you need to get a child support order and the State will take $ directly out of his prision wages.
You just need good legal counsel. This isn't that bad of a situation if you have the proper representation.
2007-06-11 13:11:54 · answer #1 · answered by Heather L 4 · 0⤊ 0⤋
Get back to court and explain the situation to the judge. Make sure you include all the details of what he has said and what he has...or hasn't paid for. Express your concerns for the safety and well-being of your children, and the fact that he's not allowed contact with them in the first place. There is also the option of relocation and not telling him where you went. You could also visit him in prison and tell him that you will "accidentally" let it slip to some other inmates that he's a child molester. There is honor among thieves and they will show him just how much they don't like child molesters. He won't like it......at all......... and just may be persuaded to sign anything you want. ......Just kidding.....
2007-06-11 13:11:56 · answer #2 · answered by dathinman8 5 · 0⤊ 0⤋
I would look at the laws for your state it may have a justification under no fault that states that because he is in prison or a convicted felon a divorce can be granted for that reason. As far as the car goes I would speak to DMV or a lawyer about that. Good luck.
2007-06-11 13:01:05 · answer #3 · answered by dustystar 4 · 0⤊ 0⤋
You should be able to get a divorce with no problem. In the divorce proceedings ask to retain all property. Once that is granted you should not have any problem removing his name from the title or regisration.
2007-06-11 13:07:50 · answer #4 · answered by MoonDoggie 5 · 0⤊ 0⤋
You need a bit of legal help. An attorney can see that he is served. Your husband has rights but not THAT many. It can be done. Talk with an attorney who's done it before.
2007-06-11 13:03:33 · answer #5 · answered by DelK 7 · 0⤊ 0⤋
Do you have an attorney? If not, get one quick. And, don't be cheap about it. Look at the money spent now as an investment in you and your child's future.
2007-06-11 13:04:16 · answer #6 · answered by Royalhinney 7 · 0⤊ 0⤋
Yeah I thought they would grant them even if he didnt sign....I would get an attorney and he should make it right.
2007-06-11 13:09:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get you a really get lawyer.
2007-06-11 13:34:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋