I got a big envelope in the mail yesterday. We've been separated for years, and all of a sudden I get notice from an attorny that my husband has filed for divorce.
It says if I do nothing the divorce will go through automatically. Somehow that didn't sound right. I thought both parties had to sign for a divorce to go through?
I've spent the last 5 years raising our daughter as a single parent with no financial help from him, and he's waited until she's 20 so I can't claim child support. I don't want alimony, but I would like him to pay the credit card debt I've racked up trying to pay for her education, so I can start over with a clean slate.
It says I have 30 days to respond, what's the next step?
2007-07-25 12:09:30 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Hey, guys, thanks for all the thoughtful answers, but this is complicated by the fact that the divorce has been filed in a California court, and we both live in Japan.
2007-07-25 14:18:06 · update #1
Get a lawyer. You are being offered a chance to offer your side of the story. Have you ever filed for child support? If your daughter is a full time college student you may still be able to get some money. Even if you don't have a lawyer respond to the papers . There should be information in them on how to do it. Of not, call the court that issued them and ask for help.
2007-07-25 12:23:30 · answer #1 · answered by EC Expert 6 · 0⤊ 0⤋
No, that's correct. If you do NOT respond, then the divorce will go through as written. This is your opportunity to respond and get your wishes known in the divorce decree - like child support. I would suggest you contact the court to see if there is a court service that will help you in drafting your response.
2007-07-25 12:47:05 · answer #2 · answered by aiownk 2 · 0⤊ 0⤋
Well, you can't very well keep someone married against their will, can you? Think about it.
Despite that your ex seems pretty shady for waiting till your daughter is too old to get child support, he does still owe you alimony and maybe even back child support for when he didn't pay after you two separated.
Get a lawyer and tell them what you want, and make sure they get it out of your soon-to-be ex-husband.
2007-07-25 12:15:06 · answer #3 · answered by Hillary 6 · 1⤊ 0⤋
You should get a lawyer to handle this, unless you're willing to just let him divorce you and move on. But if you want any money, and you think he might be unwilling to give it to you, then you need a lawyer. The next step is to respond to the court and prepare an argument for the hearing date.
2007-07-25 12:32:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, both people do not have to sign. This is what happens when someone is deserted and they have no idea where their EX is. It is legal for him to do so. You need to contact an attorney. You also need to prove that the credit card debt is related to her support.
2007-07-25 12:13:58 · answer #5 · answered by Ryan's mom 7 · 1⤊ 0⤋