QUESTION
What can I do if someone will not sign divorce papers?
Asked on Feb 25th, 2011 on Divorce - California
More details to this question:
I have been legally separated for a year to a foreigner, who apparently only wanted his papers. Now that I want to file for a divorce, he doesnt want to sign the papers and threatening to accuse me of getting married for money. What do I do?
7 ANSWERS
Lee Ciccarelli
Thank you for your inquiry. It is always challenging to go through a divorce, especially when there is conflict. Consider speaking to a divorce attorney in person, who can listen to your concerns and advise you on the strategies you need to take. Joshua Janis manages our family and divorce practice and is available to speak with you.
Answered on Feb 28th, 2011 at 1:25 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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In California, you do not need the consent of the other party to be granted a divorce. I can help you with your case. Please contact me for a free consultation.
Answered on Feb 28th, 2011 at 1:25 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is nothing in a Colorado divorce case that requires the opposing party to sign anything. All that is necessary is that you satisfy the legal requirements of giving the other side legal notice that you have filed for the divorce. There are several ways to satisfy that requirement, but if he is a "foreigner" living outside the United States it may be a little more difficult or complicated. You need to consult an attorney to discuss the specifics of your situation based on where the other person is living and what you want to accomplish in addition to simply ending the marriage.
Answered on Feb 28th, 2011 at 1:24 PM
Annulment Attorney serving Colorado Springs, CO
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Harrison Family Law, PC
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Set the matter for hearing. In Colorado, only one party may request a divorce. So if you want a divorce and your spouse does not, the court would still grant a divorce. So set it for hearing and have the judge enter your decree. The judge will grant the divorce whether he likes it or not.
Answered on Feb 28th, 2011 at 1:23 PM
William C. Gosnell
if married for two years, tell him he can sign the papers and stay in the us.
Answered on Feb 28th, 2011 at 1:22 PM
If you want to proceed with the divorce, you need to file a petition for dissolution of marriage. You then have the petition personally served on him. If he fails to file a response within thirty days you may proceed without him to obtain your divorce. This is called taking his default. You should consult with an attorney for the exact steps.
Answered on Feb 28th, 2011 at 1:22 PM
If he has been validly served with your dissolution petition, he has 30 days in which to file a response. If he does not file within the 30 days, you can ask the court for a default judgment. I would recommend having the sheriff's office serve him. Most sheriff's offices will serve the documents on a person for a small fee. This way, the person can't really avoid service.
Answered on Feb 28th, 2011 at 1:22 PM