How do we dismiss a divorce that was filed? 6 Answers as of July 23, 2013My husband filed for divorce without my knowledge. I do not want this. He is having me served papers this week. He is now willing to discuss reconciliation. Am I required to sign the papers that arrive this week for him to dismiss the divorce?
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
No one in the US can force anyone to stay married. In MN we have a no-fault divorce state, meaning you do not have to prove a reason in order to get married. In MN service of process starts the process but there is no requirement to file it in court. I would be wary however of a spouse who says this. When he serves you documents you are not obliged to agree with what he says or to sign anything. He serves you and you have 30 days to respond with your own requests. The judge will then speak with both of you about it. You will get a chance to mediate or to go to trial and prove why your version is better. However if you do not serve him within 30 days with your own wishes then it is assumed that you agree. If you get served I would answer within in the time frame allowed to ensure that your rights and wishes are protected. Under no circumstance would I sign the documents without speaking to an attorney immediately upon being served.
Answer Applies to: Minnesota
The Montes Law Firm | Lucio Antonio Montes
In Texas, your husband would have to file a notice of non-suit. Do not count on him filing the notice of non-suit if you are served. Once you have notice you will only have the Monday following 20 days from the date of service to file an answer. If you do not file an answer he can default you.If you have an answer at least you are somewhat protected from a default. If he really wants to stop the divorce he would not go through the expense of having you served. Contact a local divorce / family lawyer in your area.
Answer Applies to: Texas
Law Office of Jacob R. Lauser | Jacob R. Lauser
You don't need to sign the papers or consent to the divorce, but you should know that once you have been separated for two years, he could move forward anyway without your consent. I'm glad to hear that he's willing to talk about reconciliation, but just make sure that he isn't trying to trick you to get you to agree to something in the short term. I trying hope you two can work things out and that you are able to reconcile and work on your problems.
Answer Applies to: Pennsylvania