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Ok I want to know if I fill out divorce papers and have a friend serve them on my ex does he have a certain time limit to sign them and return them? I mean what if he won't is that considered default or what?
Please tell me I do not have to stay married because he will not sign the papers?!?!?!?

2007-11-11 06:29:17 · 8 answers · asked by ღKrissyღ 5 in Family & Relationships Marriage & Divorce

He will get nothing from me no sex no way I left in the middle of the night and he was abusive I left with bruises reported him the whole nine yards.
I seriously doubt he will fight a thing on this divorce I am being fair as the child go and am not asking for a thing. Although he never allowed me to work or anything and I could nail him. He is to not dumb but nieve to fight it too

2007-11-11 06:38:07 · update #1

8 answers

My Mom got a divorce from her 1st husband it was on abusive Grounds. He didn't sign it. His Lawyer signed it! He tried to sue his lawyer.. lost and committed suicide! My Mom remarried and the couple lived together for quiet sometime. My stepfather passed away first and my Mom did too about 5 or 6 years later! I don't know much about divorces as I'm single and never married! Too many people get married and divorced I see so why bother with it? My sisters are living common law with their male friends!

2007-11-11 10:59:05 · answer #1 · answered by Anonymous · 0 0

In California we are a no fault divorce state. I think there are only several states that are not. Once he is served the papers, he has 30 days to respond. Whether he signs the papers or not, you can get a divorce, it may take longer if he doesn't sign them. If this occurs, you need to take additional steps to have a judgement issued in your favor, and a default entered on his part.

Filing and serving the Summons and Petition will give the court jurisdiction to make orders in your case, but it is only the beginning.
Once an action is filed by a Petitioner (in this case, YOU), the other party (the respondent) must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within 30 days of service, the Petitioner may request an entry of default. The Default Packet may be purchased from the Clerk’s Office or the forms may be retrieved at www.courtinfo.ca.gov. Once the default is entered, the Petitioner can complete the divorce proceeding without the participation of the Respondent.

Your marriage is not dissolved until there is a signed “Judgment” from the court. Your divorce can not be final until at least 6 months after your spouse was served.
If you do not want to wait until your judgment to get orders for custody, visitation, support, and/or property control, you may want to complete, file and serve an Order to Show Cause (with supporting documents). The Order to Show Cause is used to ask the court to make orders and to set a hearing date. If prepared and submitted with your Summons and Petition the Order to Show Cause can be served on your spouse along with the initial divorce documents. The filing fee for this in california is $40.00.

Divorce is a difficult thing, hopefully you can get some legal advise from a lawyer, paralegal or free law clinic -- some employers offer Pre-OPaid legal at a very affordable price. Look into it. good luck.

2007-11-11 06:49:04 · answer #2 · answered by england562 2 · 0 0

He has 30 days to respond after being served a summons. After that your attorney will set a court date. In some states in the US not responding or showing up in court is consent for divorce to proceed. If you are in the US it may take awhile but most people who want a divorce eventually get one, about 60% of marriages eventually end in divorce.

2007-11-11 06:46:23 · answer #3 · answered by ScSpec 7 · 0 1

He can't make you stay married. He doesn't have to sign them BUT eventually you will be divorced. It just makes it easier to get it. The courts will ultimately grant your divorce. You may have to give up alot to get there though. He will probably fight you for everything just to make it rough. Good Luck

2007-11-11 06:34:13 · answer #4 · answered by smile4u 5 · 1 1

If you do not have a joint voluntary severing of the contract (which is what a marriage is), then you have to demonstrate to a court that the contract should be terminated if you want to have it terminated. There is no obligation on the other party to sign the divorce documents, at least not where I live.

2007-11-11 06:37:35 · answer #5 · answered by busterwasmycat 7 · 1 2

Your lawyer will take him to court and make him sign them. he will be may to sign them under circumstances, but sometimes a man will be a man and not sign. Also a man will be a man and want a little sugar. He cannot have sugar and not sign. Get a good lawyer....

2007-11-11 06:35:07 · answer #6 · answered by christy s 2 · 0 2

girl, you need some help, if you cant afford a lawyer, you need to go to a social worker, or a familily councelor, children and family dept. or something of that nature....tell them that you are in an abusive relationship and they will help you for free...you shouldnt have to deal with this alone.

2007-11-11 06:37:47 · answer #7 · answered by puertoricout 4 · 3 1

no he has so much time before the judge will call it over. It might take longer to get the divorce but, no you wont have to stay married to this man...

2007-11-11 06:33:26 · answer #8 · answered by Anonymous · 1 3

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