QUESTION
What can I do if Spouse refuses to sign divorce papers?
Asked on Jan 13th, 2013 on Divorce - Texas
More details to this question:
I have filed for a no fault divorce after two years of marriage due to adultery on his part. We have no children and we have never owned anything together. He refuses to sign the divorce papers just to be difficult.
11 ANSWERS
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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I'm not sure what papers he needs to sign. You do not need his signature to start a dissolution of marriage. You can file the Petition for Dissolution for Marriage and have it served on your husband. He will then have 20 days to respond to the Petition, if he does not Answer your Petition, you can get a default against him and have a final hearing without him. There are forms online for filing for a Dissolution of Marriage, but it is best if you speak with an attorney and bring the paperwork you already have so an attorney can advise you specifically as to the issues of your situation.
Answered on Jan 16th, 2013 at 2:26 PM
Ask the court to appoint an Elisor, a clerk of the court, to sign the documents. And ask the court to order that he reimburse you for the costs.
Answered on Jan 16th, 2013 at 2:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File for default judgment. If he filed an answer, then proceed to trial.
Answered on Jan 16th, 2013 at 2:24 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Have him served with a citation and a copy of the petition. There is no need for him to sign anything if he is formally served.
Answered on Jan 16th, 2013 at 2:22 PM
He does not have to sign paperwork for you to file for divorce. Once you have filed and served him with the paperwork, he has an opportunity to respond if he disagrees with anything you've requested. If he does not respond within the time permitted by law, you can ask the court to proceed by default (e.g. without his participation). If he does respond within the time and challenges anything you've requested, you can try to settle the case and if that does not work, you can ask the court to schedule a trial so the issues can decided and the divorce granted. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 16th, 2013 at 2:22 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can have him served with the divorce papers. That way he doesn't have to sign. You'll have to get the court clerk to issue a citation and hire the sheriff or a process server to serve him. Then if he does nothing you can get your divorce.
Answered on Jan 16th, 2013 at 2:19 PM
If he will not cooperate then you must file a standard dissolution and have him personally served with the petition. After that, should he chose not to participate then you can proceed with a default judgment. You should consult a family law attorney or facilitator to help you with the necessary forms.
Answered on Jan 16th, 2013 at 2:19 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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If spouse refuses to stipulate to the divorce then simply go forward without him. File a petition for dissolution of marriage and have him served. Initiate the divorce and set the case for mediation. If the case resolves at mediation, great. If it doesn't, the case can continue to be litigated. Ultimately, if the spouse won't agree then the judge can make the final decision.
Answered on Jan 16th, 2013 at 2:16 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You have not stated which 'divorce papers' you mean. If the document you are thinking of is a Marital Settlement Agreement which he won't sign, a good way to move things off dead center is to ask the Court for a pre-trial conference, to determine the issues which are contested, and to schedule a trial. That usually gets things moving.
Answered on Jan 16th, 2013 at 2:14 PM
Unfortunately, you can't do an agreement with yourself. If you have filed the Petition and she did not file a formal answer, you may be able to obtain a default divorce decree. If she did file an answer, then you will have to set the matter for trial. You should probably consult with a family law attorney to fully understand your options based on the facts of your particular case.
Answered on Jan 16th, 2013 at 2:14 PM
Serve him with a citation and default him when he fails to answer.
Answered on Jan 16th, 2013 at 2:12 PM