Spouse went out of town for grown daughter's delivery, 9 months later and no return...?
Has been back a couple of times to visit, but still has not come by the house, I filed for divorce but she refuses to sign, has to do with medical insurance, needs the coverage but does not want to be married....what to do?
2007-07-16 05:57:46 · 17 answers · asked by jaydee 1 in Family & Relationships ➔ Marriage & Divorce
In most states you have the option to file a "divorce by publication." Here is the basic steps.
1. Go to your local newspaper and put a divorce notice ad in the classified section. 2. Mail the divorce notice to the last known address of your spouse. 3. Wait 30 days and get a letter from the newspaper stating that the ad was posted for 30 days. 4. If your spouse no longer lives at the last known address the divorce notice will come back undeliverable. 5. Take your noncontested divorce papers with the letter from the newspaper and the undelivered notice and go to your local courthouse and file a "divorce by publication."
There are more steps and more forms to this process. But these are the main ones. Research more about this topic on the net or contact an attorney.
I hope this helps.
The petitioning spouse's attorney (or the individual)files a motion for default and(in some states an order of default at the same time). A default hearing will be held in which the filing spouse will give oral testimony as to the facts cited in the dissolution of marriage petition. The judge will then rule accordingly, if the divorce is granted (and it almost always will be) a copy of the default judgment and the final divorce decree will be sent to the non-responding party. When a default judgment is entered, the non-responding party loses their option for amending or contesting the action and issues (such as custody, property rights, etc) unless they can prove they were not properly served in accordance with the state laws. The issue of a notification in a newspaper only pertains to a "missing spouse", not to someone whose location is known.
2007-07-16 06:02:40 · answer #1 · answered by sirmrmagic 6 · 1⤊ 0⤋
Maybe you could ask her why she never came back to you. Did your marriage not mean anything to her? Maybe she needs to have some counseling or something. Do you still want to be married to her? I think that I would try to work something out, and if that did not work, then i would check and see if there is any certain amount of time that a divorce can be finalized due to her being unwilling to sign the divorce papers. Good Luck and I hope that things get better for you!
2007-07-16 06:06:53 · answer #2 · answered by j.fleming2 2 · 0⤊ 0⤋
take her off of your insurance and get single coverage. then she just won't have that as an excuse. change the locks and file anyway. She has abandoned her marriage and you CAN get a divorce if she doesn't live there anymore I think after 6 months in certain states.
2007-07-16 06:02:57 · answer #3 · answered by Hi its me again 4 · 0⤊ 0⤋
Drop the medical insurance and see what she does then... You are not required to keep her on your insurance.
You can still file for a divorce. Even if she doesn't want to, you can file under reason of abandonment.
2007-07-16 06:02:27 · answer #4 · answered by iamtooproud 5 · 1⤊ 0⤋
i dont' know if this works in every state or not.. but they have this thing where if you run an add in the paper about it and she doesn't respond in so much time they just give you the divorce.. i would check into things that you might be able to do without her signing.. good luck and best wishes.. and if it's all about the insurance then have her taken off it..
2007-07-16 06:01:38 · answer #5 · answered by ~broken~ 3 · 0⤊ 0⤋
Abandonment is grounds for divorce (at least in most states). Press the issue...typically both parties don't have to agree to a divorce to get it, and you ought to be able to drop her from your medical insurance regardless. Get your attorney to help you with this...
2007-07-16 06:01:13 · answer #6 · answered by . 7 · 1⤊ 0⤋
almost all of the prior answers are correct, proceed with divorce, contested. Contact your medical insurer and cancel her coverage. Be strong, she has.
2007-07-16 06:03:14 · answer #7 · answered by ? 6 · 0⤊ 0⤋
I don't understand.....did you notice any strange behavior prior to your daughter's delivery? something like she wanted to seperate? if yes, then i guess she saw the delivey as something to cover up the break up. drop the coverage, at least for her. she's being a total freeloader. she wants the coverage, she should at least give you a dignified explanation as to why she left. only option i can see:
take her to court.
2007-07-16 09:14:05 · answer #8 · answered by bamak93 3 · 0⤊ 0⤋
What a scumbag...but insurance is important. I would say get the baby thru the first year for all of the check ups and then leave that sorry excuse for a father. What a loser.
2007-07-16 06:00:57 · answer #9 · answered by jade2311 2 · 0⤊ 1⤋
Talk to your lawyer about how a contested divorce works in your state.
2007-07-16 05:59:55 · answer #10 · answered by janicajayne 7 · 1⤊ 0⤋