QUESTION
Can my husband continue filling for divorce without my signature?
Asked on Feb 18th, 2013 on Divorce - California
More details to this question:
My husband texted me and said that I should go to his lawyer to pick up the papers he has filed for a divorce. I thought that you were supposed to be served papers if someone files. If I don't go and pick up the papers, can he continue with the process without me receiving any papers? Or does it have to be documented that I did received these papers? Also, what is the waiting period if I never receive the papers?
14 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you don't go pick them up, you will be served.
Answered on Feb 21st, 2013 at 2:02 AM
When someone files an action against another party, the Petitioner has the obligation to arrange for the other party to be properly served with the summons and the petition. In OK, service needs to occur within 180 days of the initial filing of the petition.
Answered on Feb 21st, 2013 at 12:57 AM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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If your case is in Louisiana, it sounds like your husband was asking you to sign a document waiving formal service of the Petition for Divorce. It is done at times to save on court costs. You are not required to waive formal service. However, there is nothing you can do to stop him from requesting a divorce. Louisiana is a "no fault" state and you can get a divorce for any reason after being separated a specified time period. If you do not want to waive service that is okay, but your husband would have a right to request formal service be issued to you.
Answered on Feb 21st, 2013 at 12:33 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, you need to be formally served either by a process server or a sheriff. If you pick the papers up, they will want you to sign something accepting service and waiving your right to be formally served. If you husband has filed, you should consult with and retain an attorney to assist you.
Answered on Feb 20th, 2013 at 11:16 PM
It is legal for you to be served with the papers by going to husbands lawyers office to pick up the papers. You don't have to sign for anything and it saves everyone money. Dont sign anything just pick up the papers. You will have 30 days from the date you pick them up to file a response with the court.
Answered on Feb 20th, 2013 at 2:28 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Unless you sign a waiver of citation, he cant get a divorce without serving you. The waiting period is forever unless you are served or waive. A Texas court cant/wont sign a final decree until 60 days after the filing of the case, even if you are served.
Answered on Feb 20th, 2013 at 2:27 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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You will need to be served with the paperwork. If you sign for the papers, that is service, or another method can be used. If you hire an attorney to represent you, the lawyer can get the paperwork for you. Talk to an attorney to discuss your rights and options.
Answered on Feb 20th, 2013 at 2:25 PM
John Arthur Smitten
Yes, it only takes one party to obtain a divorce.
Answered on Feb 20th, 2013 at 2:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he has an attorney you should get one too. If you dont pick up the papers he will have to get you served. After you are served you have 30 days to respond. He can move forward with the divorce after you are served regardless of whether you sign a trying or agree. In California he has a right to a divorce and doesnt need any grounds other than he says the marriage has broken down.
Answered on Feb 20th, 2013 at 2:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He is just trying to save himself some costs by having you pick up the papers. Yes, he is supposed to have you served. If you make yourself unavailable, he may get an order allowing alternative service. Frankly, it doesn't do you too much good to avoid the inevitable. Better to call the Idaho State Bar and get an attorney and work out the terms of the divorce and avoid the anguish of waiting.
Answered on Feb 20th, 2013 at 2:24 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you do not accept service from his attorney, they will have to be served by a process server or he can choose publication if he does not know your address.
Answered on Feb 20th, 2013 at 2:24 PM
Generally speaking, if you dont pick up the papers from his lawyer (e.g. accepting service of the documents), then they will have no choice but to have you served by a process server, and the divorce will still proceed.
Answered on Feb 20th, 2013 at 2:23 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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There are several different means of effectuating service in California and, by picking up the papers from your husband's attorney, you will save the costs of being served by the Sheriff or a process server. You have to be served to be given your due proceess notice requirement and any court order obtained without you being served will be subject to being vacated.
Answered on Feb 20th, 2013 at 2:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have to accept service or be personally served.
Answered on Feb 20th, 2013 at 2:23 PM