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I have sent my spouse the divorce papers she’s had them about 2 months and she refuses to sign them how do I go about doing it myself?
10 ANSWERS
Take her default and proceed by prove up.
Answered on Jun 18th, 2013 at 12:29 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney.
Answered on Jun 13th, 2013 at 12:39 AM
Steven D. Dunnings
If you have to ask, you should probably hire an attorney.
Answered on Nov 14th, 2012 at 7:33 AM
When you say you sent her the papers the question I have is: Was she served with the papers? If she was and she hasnt filed a response, you can take her default and proceed to finalize the case. If she wasnt served, she needs to be personally serve with the papers. If she has filed a response, you can file a memo to set the case for trial. That will get the case to move forward even without cooperation
Answered on Nov 13th, 2012 at 9:08 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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if there has been no response to the petition, move the court for a default. If there has been a response, ask the court to set the matter for trial.
Answered on Nov 13th, 2012 at 9:07 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If she has not responded within the time limit set by Court Rule, you can file for a default judgement of divorce. If she has not been properly served, you will need to do that first.
Answered on Nov 13th, 2012 at 9:06 AM
Dennis P. Mikko
To obtain proper service, you will have to have a process server actually serve her and file a proof of service with the court. Until proper service is made, the matter will not proceed. A party cannot effect proper service on another party.
Answered on Nov 13th, 2012 at 9:05 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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File a contested divorce and have her served. Better yet, have an attorney do this for you.
Answered on Nov 13th, 2012 at 9:04 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you served her the Petition and summons by personal service she has 30 days from the date she was served to file a response. If she fails to respond you can file the forms to request a default. The court can grant only what you asked for in the petition. Or you and your spouse can enter a stipulated agreement if you can agree on all the terms.
Answered on Nov 13th, 2012 at 9:03 AM
In order to proceed with a dissolution you do not have to have the cooperation of the other party so long as you can get them personally served with the necessary documents. You should consult a family law attorney or facilitator to assist you.
Answered on Nov 13th, 2012 at 9:02 AM