QUESTION
What can I do if my husband from overseas refuses to sign the divorce papers?
Asked on Nov 09th, 2011 on Divorce - New Jersey
More details to this question:
I want a divorce but husband is living overseas and refuses to sign. He can't get a visa to get back into USA.
16 ANSWERS
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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There are alternate methods of service for different situations.
Answered on Jul 03rd, 2013 at 1:53 AM
James Albert Bordonaro
You need to go back to court and obtain the decree ex parte. That assumes he's not active duty military.
Answered on Nov 14th, 2011 at 11:08 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You can obtain the divorce in without your spouse being present. The marriage will be dissolved, but the financial issues may remain unresolved. However, at least the marriage will be ended.
Answered on Nov 11th, 2011 at 9:32 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state, if your husband has been served with the initial pleadings, and has failed to respond, you can obtain a final Decree of Dissolution from the court by default 60 days following the service of pleadings on him.
Answered on Nov 11th, 2011 at 8:08 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You should hire a process server.
Answered on Nov 11th, 2011 at 3:20 AM
If you husband is overseas and refuses to sign divorce papers there are a couple of options: 1. Serve him the documents overseas. Once served he has 20 days to respond and his failure to do so will result in a default judgment in your favor. 2. If personal service is not possible request permission from the court to serve him by publication. 3. If he has been served and responded, request that the court set the case for a trial immediately. He would then be required to return to Idaho to defend the action or face entry of a judgment by default. I would recommend that you employ an attorney to assist you with this process.
Answered on Nov 10th, 2011 at 5:00 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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An uncontested divorce would allow for a divorce without his signature. Please contact a domestic relations attorney near you for further information.
Answered on Nov 10th, 2011 at 4:27 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is no requirement in Colorado that your husband sign anything.
Answered on Nov 10th, 2011 at 3:41 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The NJ courts do not require one to sign for a divorce. The courts only require that the person receive a copy of the summons and complaint. That is why the summons and complaint are usually delivered by an independent third party. There are rules regarding how to effect service abroad.
Answered on Nov 10th, 2011 at 3:32 PM
Your spouse does not need to sign the divorce papers. However, he does have to be served with a copy of them. Exactly how you have to serve him will depend on what country he is in and whether you have an address for him.
Answered on Nov 10th, 2011 at 3:31 PM
Criminal Trial Practice Attorney serving Buffalo, MN
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Buselmeier Law & Associates, P.A.
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Serve him with a notice of default, schedule a default hearing with the court, then show up and proceed without him. If he doesn't show, you would typically get all that you ask for from the court. There are some significant nuances that should be discussed.
Answered on Nov 10th, 2011 at 3:30 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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He doesn't have to sign, you just need to serve him.
Answered on Nov 10th, 2011 at 2:59 PM
Glen Edward Ashman
You get a lawyer to have him properly served.
Answered on Nov 10th, 2011 at 2:58 PM
Civil Litigation Attorney serving Milwaukie, OR
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Law Office of Andrew E. Teitelman
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It really depends on the circumstances for which your husband is overseas. If he is in active military service, there may be a potential delay to proceeding with the divorce due to the Civil Service Relief Act. If he is not, then proceeding with a request for a default after the time allotted for her his response to the petition for dissolution has passed would be an appropriate avenue to explore.
Answered on Nov 10th, 2011 at 2:57 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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He isn't required to sign off on papers in California. All you need to do is serve him and then take a default if he fails to file a response.
Answered on Nov 10th, 2011 at 2:57 PM
Gary Moore
In New Jersey it is not required that your husband sign the divorce papers. You need only hire someone to serve the papers upon your husband and then state in an affidavit the date of the service of your papers upon your husband.
Answered on Nov 10th, 2011 at 2:57 PM