What can I do if my husband filed for divorce but won't serve me with the final papers so I can sign them? 9 Answers as of April 30, 2014

We have been separated for almost 5 years. He is in prison and filed the petition and I have been served with that. According to the prothonotary office, he has the final papers since December but has yet to serve me with those. I've written him letters concerning this issue and having his name taken off of my 6 month old's birth certificate (in my state if you are married when a child is born, your husband has to grant permission for the child's actual father to be on the birth certificate). He has not responded to me at all. I really just want this part of my life over with.

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Law Office of Robert E McCall | Robert McCall
Contact the Judge and request a trial.
Answer Applies to: Florida
Replied: 4/30/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Contact the COURT where he filed and see if you can counter sue for divorce, and then get a default if he fails to respond to your counter suit for divorce.
Answer Applies to: Michigan
Replied: 4/30/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Nothing prevent you from submitting the final papers to the court as long as he has been properly served with them.
Answer Applies to: Washington
Replied: 4/30/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
It may be best to set the matter for trial.
Answer Applies to: California
Replied: 4/30/2014
Peyton and Associates | Barbara Peyton
You can file a Response to bring the case to a head. Then it will get to be finalized.
Answer Applies to: California
Replied: 4/30/2014
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    In Texas, you are only "served" with the Petition for Divorce. You need to hire an attorney to assist you in finalizing your divorce. Since the father of the child is not your husband, you have a complicated divorce. I never heard of company you mentioned but a notary service is not supposed to prepare divorce papers in the State of Texas that is a felony. Also, a notary does not have the legal training to prepare legal paperwork.
    Answer Applies to: Texas
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    So, if the case dies for lack of prosecution, you can file for divorce. Or perhaps, if you talk to an attorney, you can file the papers on your behalf.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    File a motion with the Court requesting Default. Be certain to state in your motion that he will not cooperate. Also, be certain to serve him with a copy of your Motion.
    Answer Applies to: Florida
    Replied: 4/30/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    I would think you can file your own motion for entry of a final judgment. You will need to serve him with a copy of your motion and proposed judgment. Since he is in prison you should consider hiring an attorney to handle this.
    Answer Applies to: Michigan
    Replied: 4/30/2014
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