I am divorcing my husband. We have been separated for a while. He has threatened and says that he will not sign the papers and that he does not have to. We had our own agreement about visitation with our 20 month old daughter, but now he is extremely upset because my new boyfriend spends time with our daughter. What can I do if he refuses to sign the papers or get the petition notarized? I need this to be finalized so that I can marry my boyfriend.
First things first: you need an experienced family law attorney. He or she can save you much worry and answer questions such as this. There is no paper your husband absolutely has to sign. You need not file a joint petition (which he would have to sign). While nearly every couple with any degree of maturity ultimately reaches a final agreement (a 'Marital Settlement Agreement'), if he won't sign such an agreement, you can go ahead to a contested divorce. But consult a lawyer who knows his or her business. Good Luck.
You don't need him to sign. If you file a Complaint and he does not file an Answer, you can get a default judgment. If he files an Answer, you can have a trial to get divorced. Visit with a family law attorney about your specific facts to develop a course of action in each instance. Best wishes!
Michigan is a no-fault divorce state.. he does not have to sign and you can get a default divorce judgment. Contact an attorney if you cannot do this on your own.
He does not have to sign papers. You can go to Court yourself and have the Judge Order the divorce and anything else you have asked for in your Court documents. Good luck.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.