QUESTION
If we both sign the paperwork, is there any way that I can file everything, and finish the process without causing my husband to be arrested?
Asked on Mar 03rd, 2014 on Divorce - Idaho
More details to this question:
My husband and I have been separated for over a year and I want a divorce so that I can move on with my life. He is an alcoholic with 3 DWI's and several other alcohol related convictions. I know he will sign uncontested divorce papers, but my question revolves around this. He has 2 outstanding warrants for DWI related cases.
10 ANSWERS
In Minnesota if you each have attorneys you may submit your divorce paperwork for administrative approval. This means it could be done without a court appearance being required and thus alleviating his need to be in the courthouse, passing through security, or around depute sheriff bailiffs who may arrest him.
Answered on Mar 10th, 2014 at 11:14 AM
If you both agree and sign the necessary paperwork for entry of Judgment then the paperwork can be filed with the court without appearances by either of you. You should consult a family law attorney to assist you with the necessary documents.
Answered on Mar 06th, 2014 at 2:10 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Generally speaking, here in Arizona it is possible for you to file a petition for dissolution, have your husband sign an "acceptance of service", for you both to sign a "consent decree of dissolution", and that neither of you will have to appear in court. The acceptance, and the consent decree must be signed in front of a notary, and a filing fee for your petition and a response fee (even if he is not actually filing a response) have to be paid.
Answered on Mar 05th, 2014 at 4:34 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Only one of you needs to appear in court if you agree on everything and he signs off on the various pleadings.
Answered on Mar 05th, 2014 at 4:34 PM
If he signs all the papers and waives his appearance, you can get it done without him being in Court.
Answered on Mar 05th, 2014 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Didn't attorney and do it correctly, but if he signs off a proper judgment it is most probable that he will not have to appear in court.
Answered on Mar 05th, 2014 at 4:32 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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He should not be in danger of arrest for agreeing to an uncontested divorce. He is not required to appear for the final hearing, only the Petitioner has to appear.
Answered on Mar 05th, 2014 at 4:32 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If he signs the waiver of citation then he will not have to appear in court.
Answered on Mar 05th, 2014 at 4:32 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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his signing the divorce papers should have no bearing on the warrants that are out for his arrest. He needs to sign the papers and not appear in Court.
Answered on Mar 05th, 2014 at 4:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe, but in the great scheme of things, wouldn't it be better if you had him sign the papers in jail where he can't hurt anybody by driving drunk?
Answered on Mar 05th, 2014 at 4:31 PM