QUESTION
Will I have to file for divorce again after a certain period if my husband refused to sign my first filing in 2008?
Asked on Sep 22nd, 2012 on Divorce - Michigan
22 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you file for divorce, the court can decide the case, and your husband doesn't need to sign, so I don't know what you filed. However, if your 2008 fling was never completed, that case was probably dismissed by the court. You will almost certainly have to file again.
Answered on Sep 27th, 2012 at 11:35 PM
4 Awards
Contact an attorney and consult.
Answered on Sep 25th, 2012 at 6:35 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I need more facts.
Answered on Sep 25th, 2012 at 6:35 PM
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Your suit may be abandoned requiring you to file a new suit. You should get legal advice/opinion before you take further action.
Answered on Sep 25th, 2012 at 6:35 PM
No you can re-activate that case by filing a request for orders. Talk to an attorney for at least an initial consultation before you proceed.
Answered on Sep 25th, 2012 at 6:34 PM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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You should go to https://www.courts.mo.gov/casenet/base/welcome.do Enter your information to pull up the case history and see whether the case is still pending. If it has been dismissed or otherwise closed, then you will need to file a new Petition for Dissolution.
Answered on Sep 25th, 2012 at 6:34 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You must proceed and serve him. He does not need to sign.
Answered on Sep 25th, 2012 at 6:34 PM
Utah law allows a person to be divorced without the requirment of the other party signing any documents. Acourt action is required to force a divorce theough whern the other paety refuses to be co-operative.
Answered on Sep 25th, 2012 at 6:33 PM
You will if the court dismissed the case for lack of prosecution. You need to consult a family law attorney so that you will be prepared to keep the case moving even without the participation of your husband.
Answered on Sep 25th, 2012 at 6:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If nothing has happened in the case since 2008 it has most certainly been dismissed and you will need to start over again. In Colorado there is nothing that you need your husband to sign; all that is necessary is have the papers served on him so that he actually knows you have filed.
Answered on Sep 25th, 2012 at 6:33 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It depends. Take your papers to a lawyer to determine whether the court issued a judgment of divorce. In Ohio, it is possible the court issued a judgment without the signature of your husband. But this is too important an issue to leave to chance. Take the papers to a family lawyer today.
Answered on Sep 25th, 2012 at 6:32 PM
If your original divorce action has already been dismissed and it was so long ago, you will need to refile. Your husband does not have to "sign off" on anything - you can have him served with the Petition and it is up to him at that point whether to file a Response and participate in the case or whether to do nothing and allow it to go forward without his permission. I recommend you speak with an attorney to discuss the appropriate course of action.
Answered on Sep 25th, 2012 at 6:31 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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In Michigan, if you did not pursue it to the entry of a divorce judgement, you will have to re-file. If you got a properly entered divorce judgement, it does not matter if he signed or not.
Answered on Sep 25th, 2012 at 6:31 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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A spouse does not have to sign anything for the other spouse to get the divorce. If you filed years ago, your case was dismissed by now and you have to re-file. Your new Petition must be served upon your spouse. You can then proceed to dissolve your marriage regardless of whether your spouse signs anything.
Answered on Sep 25th, 2012 at 6:30 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If he has been served, then you take a default against him. If he was never served, the initial filing has expired and it should be dismissed and refiled.
Answered on Sep 25th, 2012 at 6:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, but you had better do something with the case that you filed, like move it along, in order for it not to be dismissed for lack of prosecution.
Answered on Sep 25th, 2012 at 6:29 PM
Tamara Marie Chin
If your did nothing it was probably dismissed and you will need to start over again.
Answered on Sep 25th, 2012 at 6:29 PM
Michael Paul Vollandt
If there are no custody or child support orders you case must be completed within five years from the date of the filing date. If it goes past that amount of time the court could dismiss you case and you will have to start all over again.
Answered on Sep 25th, 2012 at 6:29 PM
Bike Law Attorney serving Dallas, GA
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Martin Enrique Valbuena, PC
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Yes, if you do not finalize that case before it is dismissed for lack of prosecution. At some point, the court will schedule the case for a peremptory calendar that deals with old cases that are not being pursued. If the case is not being moved forward, then the court will dismiss?it, and you would have to refile it. You can avoid it being dismissed by just scheduling it for a hearing to finalize the case.
Answered on Sep 25th, 2012 at 6:28 PM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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In Oklahoma a case can be inactive for over a year before the court will put it on the disposition docket. The court will notice all parties that if something isn't filed in the case by a certain date, the case will be dismissed. If the case is still active, regardless of when it was filed, you do not have to file again. If the case has been dismissed on the disposition docket, you will have to file a new case and then the new case will be reassigned to the originally assigned judge. You can call the court clerk in the county where you filed to find out if the case is still active or not, or you can check online at www.oscn.net
Answered on Sep 25th, 2012 at 6:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the summons has expired without proper service as appears to be the case you must refill.
Answered on Sep 25th, 2012 at 6:27 PM
Leonard A. Kaanta
Divorce is not final until the judgment is signed by the judge and filed with court.
Answered on Sep 25th, 2012 at 6:27 PM