QUESTION
If we have been separated since 2005 and she will not sign the divorce papers so what should I do now?
Asked on Nov 06th, 2013 on Divorce - California
10 ANSWERS
Apply to the court for a settlement conference and trial date; you can get the matter finalized without signatures so long as both parties have been served with all documents and have either filed an appearance or the default of the responding party has been filed. You may need the help of a family law attorney to get this finished.
Answered on Nov 13th, 2013 at 3:20 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File and follow the DOM statute.
Answered on Nov 08th, 2013 at 10:56 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, you will need to file for the divorce, if not done so already, and have her officially served. If you are uncertain how to proceed, you should hire an attorney to assist you.
Answered on Nov 08th, 2013 at 10:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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File for divorce.
Answered on Nov 08th, 2013 at 10:55 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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To finalize your divorce, you have to properly effectuate service on her. Assuming you know where she lives, call the local sheriff and they will usually serve her for a fee. If they refuse to do it, there are many professional service of process companies that will serve her for a fee.
Answered on Nov 08th, 2013 at 10:55 AM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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File the case with the court and serve her ( some adult, not you, hands her the summons and petition) and file declaration of service with the court. Wait 21 days and hope she does not respond. If she doesn't then set up a hearing for entry of an order of default and entry of the findings, conclusions and decree. Make sure the language in the petition regarding division of assets and debts is precise and is exactly what you want the property/debt division of the decree to say. In other words, write up the decree at the same time as the petition. In a decree by default, the judge will only give you exactly what you requested in the Petition.
Answered on Nov 07th, 2013 at 11:34 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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File for divorce. Your spouse doesn't have to consent.
Answered on Nov 07th, 2013 at 11:34 PM
So long as she was served with the Petition you can proceed to obtain a default Judgment. You should consult a family law attorney or facilitator to assist you with the necessary paperwork.
Answered on Nov 07th, 2013 at 11:33 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Why does everyone assume the spouse has to sign? In Michigan you can always get a default judgment of divorce without the other spouses consent if he/she fails to defend a divorce lawsuit. Further, if he/she is defending you can go to mediation/arbitration/trial and let the judge decide. Regardless, Michigan is a no fault divorce state so a judge will not force you to stay married. Her defending and refusal to cooperate simply complicates things. and you may be more likely to be liable for spousal support or child support, not get what you want in terms of property settlement and even child visitation.
Answered on Nov 07th, 2013 at 11:33 PM