QUESTION
What can I do if my husband is refusing to sign our divorce papers?
Asked on Sep 05th, 2013 on Divorce - Utah
More details to this question:
I am currently seeking a divorce from my husband and we agreed on the terms of the divorce. But when it came time to go to the courthouse for us both to sign petition in front of notary, he called and said he's not signing. What is my next step? Please someone help me.
9 ANSWERS
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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You should consult wit a local and experienced family law attorney to discuss this. In Arizona there is generally a self service center at each superior court, where forms and instructions are available. If you file a dissolution petition, and set out the same terms that you believe that your husband agreed to, you would the have the petition, and several other documents served on him. If he does not respond, or sign the consent decree, then you follow the instructions given you with the self service packet.
Answered on Sep 09th, 2013 at 9:55 AM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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File the petition with the court and have him formally served with the papers. After the 60 day wait period you can set the matter before the court and serve him with notice of the final divorce hearing. If he doesn't show to the hearing the judge can grant a divorce by default.
Answered on Sep 06th, 2013 at 8:07 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You will have to file a contested action.
Answered on Sep 05th, 2013 at 7:10 PM
Proceed with a contested divorce. I strongly urge you to engage counsel to assist you with this process.
Answered on Sep 05th, 2013 at 1:30 PM
Go to the court and ask the court to appoint an Elisor, a person in the courthouse that signs on behalf of your husband. It's expensive.
Answered on Sep 05th, 2013 at 1:30 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You must initiate "default" proceedings against him. You will have to file a Default Affidavit with the Court (assuming he never filed an Answer to your Complaint), and then you will have to serve him with Notice of the Default entry after the Clerk defaults him, and then you will have to serve him with the proposed Default Judgment of Divorce, well before the Hearing you must schedule with the Judge to ask that the Default Judgment of Divorce be entered.
Answered on Sep 05th, 2013 at 1:29 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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You can proceed without his written consent in California by signing the petition yourself.
Answered on Sep 05th, 2013 at 1:28 PM
File papers with the court. Have him served with them. If he doesn't respond, take his default and proceed without him.
Answered on Sep 05th, 2013 at 1:28 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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If he will not agree to the terms of a divorce, you must then file for divorce in court and go the contested route.
Answered on Sep 05th, 2013 at 1:28 PM