QUESTION
Is it possible for my friend to divorce his wife without her signature?
Asked on Jul 18th, 2013 on Divorce - Michigan
More details to this question:
I have a friend that is lost and needs legal advice although he has an attorney; he needs a second opinion. My friend's wife serves him with divorce papers and has refused to sign the papers herself. My friend did his part. He signed and went to counseling as requested. The main reason that the divorce is not finalized is because the wife formulated a list of ridiculous demands which my friend refuse to agree with. He already pays child support and is able to see his children every other weekend. It has already been three years and his wife refuses to sign the papers. She recently requested for my friend to just reimburse her for expenses that she made for the kids and she will sign the papers. All he has to do is provide her with a traveler's check and their divorcee will be finalize. Later on, she mentioned that one of the kids needs braces. I believe that she will keep taking from him and she will never sign the divorce papers. Frankly, I think that his attorney is not doing his job because it shouldn't take 3 years to finalize a divorce. Is it possible for my friend to divorce his wife without her signature? Can the judge grant him a divorce in less than 3 years? What should he do?
2 ANSWERS
Dennis P. Mikko
He should have a frank discussion with his attorney as to how to finalize the divorce. He may also want to seek a second opinion from another local attorney. Without seeing the paperwork involved it not prudent to try and provide an answer as to how to proceed.
Answered on Jul 19th, 2013 at 4:26 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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From what you said: He should not pay her anything except what the court specifically ordered him to pay ..until she agrees to settle the property distribution and finalize the divorce. So he should not give her the check without the divorce papers being signed FIRST... what he may want to do is to give a check to his attorney to hold in trust until after a hearing to finalize the divorce on the record after which the Judge will sign the consent decree of divorce. BTW His child support should have been calculated pursuant to the Michigan Child Support Prognosticator this is a computerized calculation that decides what child support is due (depending upon various factors primarily the # of dependents, the $$ each makes, the # of overnights each has the children). This calculation actually sets out how to pay for the "extras" like the braces and miscellaneous extra ordinary expenses (normal expenses are assumed to be included in the child support) If the above does not work.. he should really consider finding another attorney.
Answered on Jul 19th, 2013 at 4:25 AM