QUESTION
Can I get a divorce without child custody resolved?
Asked on Feb 25th, 2013 on Divorce - Michigan
More details to this question:
Can I still get a divorce without child custody resolved? My husband and I have monetary assets. We have been separated for 4 years now. We have 2 children. He will not sign divorce papers. The children mostly stay with me. He keeps them 1 to 2 days a week.
10 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Everything is separate in Family Court so yes you can get a divorce without child support being resolved.
Answered on Feb 26th, 2013 at 3:10 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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No, you would be foolish to get divorced and not resolve all issues regarding parenting the children, including child support and health insurance for the children. There is no requirement that he sign papers for you to get a divorce; you need to meet with an attorney to learn more about your options.
Answered on Feb 26th, 2013 at 3:10 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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No, a divorce judgement must deal with minor children from the marriage. It is possible that some issues can be left to be worked out but there must be some mention in the final resolution. Consult with an attorney to discuss your concerns further.
Answered on Feb 26th, 2013 at 3:09 PM
John Arthur Smitten
Yes, although it is preferred that you handle all matters.
Answered on Feb 26th, 2013 at 3:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can get the divorce, but the custody issue will have to be resolved at some point. You technically don't need his signature, but you may have to go to trial to get it resolved. Talk with your attorney. If you don't have an attorney, call the Idaho State Bar and get a referral so that it the divorce and custody can be resolved properly.
Answered on Feb 26th, 2013 at 3:08 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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The answer is "yes" but it sounds as if you have child custody/visitation resolved on at least a de facto (non court ordered) basis. There is a process known as bifurcation wherein you can have separate issues (such as marital status) adjudicated.
Answered on Feb 26th, 2013 at 3:08 PM
Carolyn Roschelle Jones
Have you filed for divorce? The first step is to file. Even if he won't sign papers you can still get the issues resolved in your divorce by way of hearing in front of a judge.
Answered on Feb 26th, 2013 at 3:07 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can bifurcate the divorce but it often becomes a problem resolving the balance of the issues, particularly property division. It could be quicker to go to trial and get is all over and done with. I've had cases drag for years after a bifurcation, with parties remarried but still not resolving the property division. Custody will change over time as the kids change no matter what you agree to.
Answered on Feb 26th, 2013 at 3:06 PM
No. The divorce court must address the issues of custody and support of the children, as well as the issues of division of marital property and responsibility for marital debt.
Answered on Feb 26th, 2013 at 3:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you do not resolve it the court will.
Answered on Feb 26th, 2013 at 3:05 PM