QUESTION

husband arrested for domestic abuse in 2009. filed papers for divorce that sept. he s just now giving me the papers signed back. so the date on them

Asked on Jul 16th, 2014 on Divorce - California
More details to this question:
is almost a year old. he e mails me constantly with threats to get it done. i have paid and done all filing so far. he constantly changes things. can i still file the papers i have even tho the date is old?
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1 ANSWER

I'm not sure if I am understanding what you need?  If you have filed for divorce, your spouse needs to be served.  He can be served by a process server or other adult (not a child of the marriage) and he does not need to sign anything.  He has 30 days to respond.  If he responds then you are in a contested divorce and will have to go to trial to address your issues or will need an agreement. If your spouse does not respond within 30 days from the date of service, you can enter a 'default'.  If you did not enter a 'default' and he responded a year later...you will now need to go to trial unless he will sign an agreement regarding your issues. Divorce is complicated and not easy to get through the court system.  It sounds like you are trying to do this without legal advice or oversight.  If you wish, you can go to the court 'self help' section and they can help you understand the process.  If you can afford our flat fees, you can also give me a call to help.
Answered on Jul 16th, 2014 at 1:34 PM

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