What can I do if my wife is refusing to sign divorce papers? 16 Answers as of April 08, 2013

My wife is refusing to sign the divorce papers. But, is currently pregnant by another guy. She has openly stated this on social networks. What can I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Shur Law Co., LPA
Shur Law Co., LPA | Tonya VanBenschoten
In most Ohio counties you will have to wait until the child is born and paternity can be determined.
Answer Applies to: Ohio
Replied: 4/8/2013
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You should quit trying to do a very complex case on your own and hire a lawyer. The unborn child legally is yours, and you'll pay support for 18 years, unless you know how to address paternity in the divorce (and that is way beyond a pro se project). So in trying to save a few dollars, you are risking tens or hundreds of thousands in future support- a really awful idea.
Answer Applies to: Georgia
Replied: 4/8/2013
Carey and Leisure | John Smitten
It only takes one party to get divorced. File your case asap.
Answer Applies to: Florida
Replied: 4/8/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
We can proceed with your divorce on grounds that will not require her signature.
Answer Applies to: Illinois
Replied: 4/8/2013
Attorney at Law | Aimee C. Robbins
You can still get a divorce after you have separated for one year. If your case is contested, it will go to trial and the Judge will grant you a divorce then.
Answer Applies to: Maryland
Replied: 4/8/2013
    Peyton and Associates | Barbara Peyton
    She doesn't have to sign. Just serve her and then after 30 days if she doesn't respond take her default and finish the case.
    Answer Applies to: California
    Replied: 4/8/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    If she is not willing to settle the case (assuming she has been properly served), then move forward and request a trial date, if she chooses not to appear at the court for her trial, the Judge will move the case forward without her after examining your documents and make proper orders for division of assets and custody of children. Your issue will be the baby that is expected, if your wife is pregnant the law presumes the husband is the father. You will have to make sure that you are not named the father. Hopefully, your wife and the biological father will cooperate with you in making sure he is named the father and you are not named on the birth certificate or presumed to be the father under the law.
    Answer Applies to: California
    Replied: 4/8/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    She doesn't have to sign the divorce paperwork for you to get a divorce. Have her served and then file a default when she doesn't respond. It important you don't get stuck with paying child support for the new baby.
    Answer Applies to: California
    Replied: 4/8/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Have her served with the Petition and Citation. No need to have her sign anything. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 4/8/2013
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    The first thing to confirm is if she truly is pregnant. If she is pregnant, you will not be granted a divorce until after the baby is born and paternity is determined. Whether she signs any documentation or not, if she is pregnant, all things are on hold pending the birth.
    Answer Applies to: Wisconsin
    Replied: 4/8/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney