How do I get a divorce if my husband won't follow through with any of the requirements? 32 Answers as of July 02, 2013

How do I go about getting a divorce when my husband won't sign the papers, go to the classes, or anything else that is required?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
If your Husband won't cooperate, you have to schedule the case for a final contested hearing. Before you attend, however, I strongly recommend that you consult with a local Divorce Lawyer to make sure that you have prepared all your paperwork correctly for a final. If your husband does not attend a parenting class, I have seen Judges still grant the divorce, but state that the wife can deny visitation until the Husband attends the class.
Answer Applies to: Georgia
Replied: 1/16/2012
Alfred Law Firm
Alfred Law Firm | Janice Alfred
You can file the divorce papers with the court and then have the court serve him. The court will then ask you to appear for a hearing and determine what will happen in the divorce if you do not agree on the terms. It is wise to consult with an attorney who can better evaluate your case.
Answer Applies to: Georgia
Replied: 1/16/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Have your husband personally served with the divorce papers by somebody other than you over the age of 18, and have the server complete, sign and datea proof of personal service, and file the original of that proof of service with the Court Clerk. If your husband doesn't file and serve his Response on you within 30 days of the date that he was personally served, you can proceed to request that the Court enter his default, and when entered, you can proceed to get a default hearing to get the divorce completed. You would best retain an experienced Family Law Attorney to represent you and handle your divorce, since the documents and requirements to accomplish your goal are fairly complex.
Answer Applies to: California
Replied: 1/13/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are you trying to complete a do-it-yourself divorce? The simple answer is that when you attempt to do this yourself, you need his agreement and if you do not have his cooperation, you will have to hire a lawyer to get it done. If you have a lawyer and your husband will not sign the waiver, then your case is contested. You need to look at the contract you signed with the lawyer, if it states contested cases have a new fee (most do) you need to pay the lawyer the balance of the contested retainer and let him/her do their job.
Answer Applies to: Texas
Replied: 1/13/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Your right to obtain a divorce is not contingent on your husband signing or doing anything. Once he is served with divorce papers, he is on notice that you are seeking one. If he chooses not to participate in any court hearings or court ordered classes, he does so at his own risk.
Answer Applies to: Georgia
Replied: 1/13/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In every divorce you need a lawyer. You especially need one where you spouse is disagreeable. Your answer is simple. Your case will move along better and likely have a better outcome with counsel.
    Answer Applies to: Georgia
    Replied: 1/13/2012
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Typically, you can proceed by way of default. If he has filed a Response, then you need to file a motion to compel.
    Answer Applies to: California
    Replied: 1/13/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Your answer pivots upon the county in which you reside. Each county has different procedures for finalizing a divorce. Generally speaking, if one party is not cooperating, you note (schedule) the matter for trial and let the trial judge make the decisions at which time the trial Judge will sign the final paperwork after the trial is complete.
    Answer Applies to: Washington
    Replied: 1/13/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You don't need your husband's cooperation. Just proceed. Provide proper notice and proceed.
    Answer Applies to: Washington
    Replied: 1/12/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Submit the papers for trial.
    Answer Applies to: Alabama
    Replied: 7/2/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    He does not have to cooperate, but he does so at his peril. The court will divorce him. The court will decide how the assets will be divided based on the information before it. If the decision turns out not to be in his best interest because he failed to participate in the process, it will likely just be too bad for him.
    Answer Applies to: New Jersey
    Replied: 1/12/2012
    Peyton and Associates | Barbara Peyton
    File a motion with the court and ask for sanctions against him and that the case be set for mandatory settlement conference and trial. If husband does not file his required documents the court can order that none of his information or evidence can be offered at trial by him. Only your words and evidence can be considered because of husband's failure to comply with disclosure requirements.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not need your husbands cooperation to initiate a divorce. File and serve your petition. Your husband has 30 days from service in which to file his response. If he fails to file an answer, take his default. Please check with your local clerks office to see if the court is offering a divorce paperwork and processing clinic.
    Answer Applies to: California
    Replied: 1/12/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You serve him with divorce papers, file the proper motions to have a judge order him to do things, and make the divorce continue on without him. His cooperation isn't necessary. If you do not know the proper procedures to make the divorce move along (although it may move slower due to his non-cooperation, it can still continue forward), then you should hire an attorney to assist you.
    Answer Applies to: Florida
    Replied: 1/12/2012
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    If you file and he doesn't respond, you can get a divorce by default.
    Answer Applies to: California
    Replied: 1/12/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    With regard to the classes, you may have to file a motion to compel your husband to attend. As for the Simon of divorce papers, if your husband will not sign, you will have to wait until the date of a trial and get divorced at that time.
    Answer Applies to: Massachusetts
    Replied: 1/12/2012
    Bowen Law, LLC | Justin Bowen
    You have to move forward without him. It may require some maneuvering, but there are ways to get this accomplished. Contact a lawyer in your area and he/she will be able to help you get this accomplished.
    Answer Applies to: Indiana
    Replied: 1/12/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Depending on the circumstances, it may be appropriate to proceed by default, or it may be necessary to proceed toward a trial (even if it doesn't get that far). I recommend you speak with a family law attorney who can discuss the procedural status of the case and advise you of your options.
    Answer Applies to: Arizona
    Replied: 1/12/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    None of that is required in California. If he has filed a Response but otherwise refuses to comply, his response can be stricken and a default can be entered against him.
    Answer Applies to: California
    Replied: 1/12/2012
    The Law Offices of Diane M Sternlieb | Diane Sternlieb
    Put it on the calendar and have the judge issue your divorce.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In California, you are able to move the process forward without the other party. You need to request a default judgment which means he is not complying with the requirements and that you can move forward with the process without him.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Offices of Frances Headley | Frances Headley
    So long as you can get him served with the papers you can proceed with a default judgment. You should consult a family law attorney or facilitator to assist you.
    Answer Applies to: California
    Replied: 1/12/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    The only thing to do is to get the court to set your case for trial. I would call the trial coordinator for the court (have your case number ready), tell him or her what is happening, and ask for a trial setting. The coordinator may require that you submit a notice of trial for the court to sign, or the court may have its own order that it will issue.
    Answer Applies to: Texas
    Replied: 1/12/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado there is nothing that requires his signature. If he refuses to participate and comply with the court rules and procedures, he will probably be declared in default and the judge will give you whatever you ask for. As long as you do what you are supposed to do, and provide him adequate notice of various court proceedings, his inaction won't keep the case from going ahead.
    Answer Applies to: Colorado
    Replied: 1/12/2012
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Most counties in Florida issue an Order to attend the parenting class within a certain amount of days. If he is in violation of this Order, you may file and set a Motion for Contempt. If he has failed to provide mandatory disclosure, you may file a Motion to Compel. I'm not sure what you need him to sigh unless you are trying to get him to sign a Marital Settlement Agreement. If he won't sign a MSA, set the case for trial.
    Answer Applies to: Florida
    Replied: 1/12/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington law, if you have filed and served the husband, but he fails to timely respond; you can obtain a default Decree of Dissolution.
    Answer Applies to: Washington
    Replied: 1/12/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, in Georgia, there are two ways to get a divorce: uncontested and contested. If the other party refuses to cooperate as to an uncontested divorce, then you should consult with your own divorce lawyer about contested divorces.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Your husband doesn't need to sign anything. File a petition for divorce to begin the process (you don't need his permission or signature), have him served, and if he doesn't go to required things file a motion for contempt if needed.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    You file a Petition for Dissolution. If he does not respond to the Petition within allotted time (30 days in Missouri), the Judge will set a default hearing granting the dissolution. His failure to respond should not hold up the case.
    Answer Applies to: Missouri
    Replied: 1/12/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    File a contested case. His signature is not required and there are no classes. You'll probably want the help of a local attorney.
    Answer Applies to: New York
    Replied: 1/12/2012
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