If the papers are for a separation agreement, he can refuse to sign, unfortunately. If that's the case, you have to wait it out for the allotted time so you can file for divorce. In most states, you can file quicker if both parties cooperate. The end result though is divorce. Once he figures that out, maybe he will sign. Have him served and do everything in your power (legally) in the mean time.
2007-09-23 13:49:22
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answer #1
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answered by Journey 3
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Alot has to do with kids your home and other personal items. If you guys have nothing to declare between the two of you, it should be somewhat pretty fast. But if the other party doesn't want to sign then in some states you still have to wait a year for a final divorce.
Don't go back to him if this is what you want. if during this time of the legal separation you guys come together as husband and wife. Most states will void the separation papers and you have to start all over again.
2007-09-23 20:50:16
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answer #2
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answered by Exploding inside 1
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I am sure each state has their own set of laws pertaining to signing legal separation papers. Most of the time when one party refuses to 'go' sign, it is because they don't want the separation. At any rate, your attorney KNOWS exactly what to do, particularly if this is a nasty case and/or children are involved. I am sure he can file a writ with the judge demanding a court appearance for the purpose of signing. He cannot ignore this type of subpoena or face contempt of court and/or jail.
Usually, in cases like this one party is dragging because they want to 'talk' it out. If you are in fear of your safety or anything such as that - just stay away.
2007-09-23 20:49:50
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answer #3
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answered by THE SINGER 7
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What will happen is that there will be no legal separation between the two of you. Maybe your ex is adamant about it. He might be thinking to give it another try. Will you? If you think, there is still a chance to work your marriage out, then, go for it.
2007-09-23 20:45:27
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answer #4
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answered by Reycen 5
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If he won't go to sign the papers, you've got to have him served. What happens after that depends on what state you are in, whether there is property or children involved, etc. I believe that most states move the process forward if you are dealing with an un-responsive partner who has been served with the papers.
2007-09-23 20:46:48
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answer #5
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answered by Anonymous
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If he doesn't show up to sign, the court will try serving him notice (by mail, in person, then by newspaper or other legal publications) of the "Request for Seperation" and a court date. When you go to court if he doesn't show to "contest", the judge usually grants you the seperation anyway. The process usually takes about 3 to 6 months. It can be shorter or longer, depending on state and court availability.
2007-09-23 20:46:46
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answer #6
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answered by boj 7
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take a advice from some1 who has been through it already because i have
if he doesn't want to sign the paper that means he loves u and don't want to do it
but what u should do is to try to bring the lawyer to him
good luck.
2007-09-23 20:49:30
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answer #7
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answered by Anonymous
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Well, if he doesn't sign and therefore doesn't show up he is only forfeiting his opportunity to represent himself in this case. The judge can make all calls, including granting the divorce anyway....so, if he chooses to be stubborn it can actually hurt him even in a potentially financial way. But, this is a case of mind over matter..."I don't mind and you don't matter." (this should be your state of mind) LOL
2007-09-23 20:46:20
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answer #8
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answered by Anonymous
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He forfeits all his assets. You may want to ask your lawyer what to do in that case. They guide you through it all. It's for the best that he doesn't though. Lawyers like to fight and drag it all out. Trust me, I know...(as you do too)
2007-09-23 20:55:07
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answer #9
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answered by itty 7
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In that case, it will cause delay to your application for a legal separation.
2007-09-23 20:47:36
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answer #10
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answered by Echo 3
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