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Divorce Question?
Ive been looking into gettin a divorce from my husband but whenever i bring it up he always says im not signing the papers if he doesnt sign the papers is there something i can do ?? i very much want this to be over im 23 and im completly misserable im tired of being in this situation i want to leave him and bring my daughter this isnt a good situation for her to be in either Plzz if any one has had this happen let me know what can i do to get him to sign the papers?? is there legakl action i can take?
10 Answers
- 1 decade agoFavorite Answer
You can even file your own divorce papers, in most juristidictions, however, I sure recommend the help of a lawyer, or free legal services, especially if he is going to object to signing. In the legal system, he will be served the divorce papers, and will have so many days (usually 10) to respond. If he does not respond, the judge usually enters a judgement for divorce in your favor. Even if he responds, he has to continue to respond all along, and attend any required hearings, and if he doesnt, the divorce will be granted.
Finally, if he objects, and there are issues such as custody and property division, the judge will still eventually grant the divorce, no matter what, as soon as those issues are resolved. Don't worry, you can get your divorce!
- 1 decade ago
i am not sure if all states do this, or if you even want to do it this way. without him signing it is called publication: it isn't fair but when i got divorced my lawyer had me go that way. i lived in a different state then my x at the time of divorce. they post the divorce in a news paper-he has so much time to respond, if no response in that time frame the divorce is final. the thing i thought was wrong about that for us, was this lawyer put it a paper in the state i live in, knowing he wouldn't see it. it is legal to do so. i did tell my x i was filing for divorce. the marriage got to the point of abuse. i had the 3 kids and was working full time. had my life together. didn't want to lose it all due to his life style.( he cleaned up after that,) it has been 12 years. we get along better then ever. everyone and every relationship is different. best of luck!!!!!!!!!
- classic1957galLv 41 decade ago
If you're serious about getting a divorce, just get an attorney and let him handle everything. Your husband might try to drag it out for awhile, but eventually he will sign. The longer he waits, the more it will cost him in attorney fees.
I wish you luck because divorce is never pleasant and sometimes people rush into it thinking life will be so much better afterwards. Sometimes it is and sometimes it's not. Just remember to put your daughter first thru the whole thing.
- Weimaraner MomLv 71 decade ago
You can file for divorce anyway and a notice will be put in the paper and he will be served the divorce papers, if he fails to appear in court the judge will automatically grant the divorce whether he wants it or not. My sisters ex didn't show up for the court hearing and she was still able to get a divorce.
Good luck to you.
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- ZenthaeLv 41 decade ago
I think first you need to legally separate (meaning move out and not live with him) that after a year you can file for divorce and there will be a court date set up by a judge. I am not 100% though.
- Anonymous1 decade ago
you can still file the divorce papers and he will be served and will have to appear in court. Both parties do not have to sign, the judge can still grant the divorce.
- kenneth hLv 61 decade ago
Go to the family court of your county. There will be somebody to help. It is essentially free.
They will send a letter to your husband to appear in court. You will get your divorce that day, if you live in a no fault divorce state.
- My two centsLv 41 decade ago
You can file. He will be served and he has 20 or 30 days (your state?) to resoind. If he doesnt, you go up and file default against him and motion for the final hearing.. He doesnt have to sign, he just has to know about it,
- 1 decade ago
when i went through a divorce my wife did not need me to even be there so as for him signing who cares go for it if that is what you really want.