Is there other way to get divorce from my husband who is in the army and neither want to appear in court nor sign the papers? 29 Answers as of September 06, 2012

He is not deployed and we do not live in the same state. We have one child together. We have been physically separated since July 2006 and I have two children by someone else since then. He does not want custody and has had no contact with our child since 2006.

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Dennis P. Mikko Attorney at Law | Dennis P. Mikko
You should go ahead and file your complaint for divorce, have the court issue a summons and have him served. If he elects to not answer, while you cannot default him while in the military, the court can set the matter for trial and if he does not appear can make a final judgment. Your husband would have to take affirmative action under the Soldiers and Sailors Civil Relief Act to stop the court proceedings. If he does nothing, the matter could proceed.
Answer Applies to: Michigan
Replied: 9/6/2012
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Yes. You would need to file court papers requesting a divorce, and then serve them on him. If you and your child with him have resided in California for 6 months, and within a specific county like Orange, for three months, then that court is where you would file.
Answer Applies to: California
Replied: 9/6/2012
Blough Law Office | Janis L. Blough
You need to discuss your situation with an experienced divorce attorney. It is possible to divorce someone in the military, and s/he would never have to appear in court. S/he will, however, have a support obligation for your one child together. Special language will be required to disestablish paternity of your two children with another (the same tests can be used to establish their real father's paternity and put him on their birth certificates). However, careful steps will need to be taken and careful wording in the divorce judgment to make sure your husband does not end up paying child support for two (or more) kids who aren't even his.
Answer Applies to: Michigan
Replied: 9/6/2012
Law Offices of Richard K. Jolliffe | Richard K. Jolliffe
First, he does not have to "sign" any papers. If you want to obtain a divorce, you need to file for it at court. If he does not respond, you will be able to get a default judgment, generally granting you the custody and visitation schedule you asked for in your original paperwork.
Answer Applies to: California
Replied: 9/6/2012
Law Office of Melvin Franke | Melvin Franke
Hire a divorce attorney who is experienced with the Soldiers and Sailors Civil relief Act of 1941.
Answer Applies to: Missouri
Replied: 9/6/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't clear what you mean by "other way". You probably need to file for divorce in the state where he is now stationed, but you have not provided enough facts to know if you might be able to file for divorce where you now live. Custody of your child will have to be decided by a court in the state where you and the child have lived for more than the past 6 months, regardless of whether the father "wants custody". You need to talk to a lawyer to get a better understanding of your options and reasonable expectations.
    Answer Applies to: Colorado
    Replied: 9/6/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, but he has to agree to accept the summons.
    Answer Applies to: Michigan
    Replied: 9/6/2012
    Hanna Legal, LLC
    Hanna Legal, LLC | Jen Hanna
    In Wisconsin, your spouse does not need to consent to a divorce. You'll need to serve him with properly filed divorce papers. As long as he has been served, the court will eventually grant your divorce even if your husband refuses to appear at court proceedings.
    Answer Applies to: Wisconsin
    Replied: 9/6/2012
    Steven Alpers | Steven Alpers
    I believe that you just need to get him served with a petition and summons unless h e is deployed.
    Answer Applies to: California
    Replied: 9/6/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    You should file and he will have to assert the SCRA but that will only defer the judgment until he's on leave.
    Answer Applies to: Kansas
    Replied: 9/6/2012
    John Russo | John Russo
    No, to your basic question. My suggestion is to file in your home state have him served as long as he is state side and not deployed, and once his fails to appear after he has been served he will be defaulted.
    Answer Applies to: Rhode Island
    Replied: 9/6/2012
    Koch Laron Law
    Koch Laron Law | Phillip Koch
    Yes you can get divorced. There are some special rules for serving legal paperwork on military members deployed overseas, however if he is stateside you merely need to file the paperwork and have him duly served (have a registered process server do this). If you need atty assistance I can be reached at kochlaronlaw@gmail.com Good luck
    Answer Applies to: California
    Replied: 9/6/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    You are able to get divorced, even if he is in another state and he does not sign anything. You should either hire an experienced Family attorney or contact your local Family courthouse to learn how to do it.
    Answer Applies to: Florida
    Replied: 9/6/2012
    Peyton and Associates | Barbara Peyton
    You can file and have him served with papers. If the two of you can agree, neither of you ever have to appear in court. All matters can be handled by written agreement and completion of necessary forms. The only time you really need to be in court is when there are disagreements.
    Answer Applies to: California
    Replied: 9/3/2012
    Law Offices of Frances Headley | Frances Headley
    If the two of you agree on all issues of child custody, support and property division then the dissolution can be handled through the paperwork without any court appearances. You should consult a family law attorney or facilitator to assist you with the necessary forms.
    Answer Applies to: California
    Replied: 9/6/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you are in CA, then you can proceed by default if you are the Petitioner, he is the Respondent, and he has not filed a Response. If he has filed a Response, then you will need to go to court to get a judgment of dissolution.
    Answer Applies to: California
    Replied: 9/6/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    File for divorce in the state where you and the children reside. Talk to the JAG officer on the base where your husband is stationed to get instructions about getting him served with the papers.
    Answer Applies to: Washington
    Replied: 9/6/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on a number of things. If you have children, at leaset one [arty must make a brief appearance. but if you have an agreement, it can be concluded rapidly. if you have no children, it can be concluded without an appearance by agreement.
    Answer Applies to: Minnesota
    Replied: 9/6/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, you should be able to divorce in the county and state of your present residence. Is the real issue that he is not paying support and does not want to start now?
    Answer Applies to: Michigan
    Replied: 9/6/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    He doesn't need to sign anything. Once he is served, you can take a default against him.
    Answer Applies to: California
    Replied: 9/6/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    No, not that I can think of.
    Answer Applies to: Florida
    Replied: 9/6/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes there is a way he can be served on base .no problem and you need a lawyer who is familiar with the military.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    The Miller Law Firm, P.C.
    The Miller Law Firm, P.C. | Richard J. Miller
    You must have him served with the complaint in order to get divorced. Have a private investigator serve him in the city he resides or contact the base commander to help facilatate this process.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    You may be able to file and have a default divorce. You will need to discuss your options with an attorney.
    Answer Applies to: California
    Replied: 9/5/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    You may swerve him the initial paperwork, (Petition for Dissolution, Parenting Plan, child support worksheets, order of child support) and he may sign the joinder if he agrees with everything, including child support, and he then need not appear after he signs the joinder.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes. You just proceed normally. You'll have to get him served and he'll hopefully not respond and you can win by default.
    Answer Applies to: Washington
    Replied: 9/5/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There is only one way to get a divorce - through a case initiated in New York State Supreme Court.
    Answer Applies to: New York
    Replied: 9/5/2012
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