What can I do if someone will not sign divorce papers? 19 Answers as of March 22, 2011

I have been legally separated for a year to a foreigner, who apparently only wanted his papers. Now that I want to file for a divorce, he doesnt want to sign the papers and threatening to accuse me of getting married for money. What do I do?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
All you need to do is file your petition for dissolution with the court, serve your spouse and wait the 30 days for him to respond. If he chooses not to respond you can then request that the court enter a default judgement for the dissolution.
Answer Applies to: California
Replied: 3/22/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If you filed, and he has filed his Response, do your disclosures and then ask for a trial date.
Answer Applies to: California
Replied: 3/3/2011
Pisarra and Grist
Pisarra and Grist | David T. Pisarra
You should file for divorce, serve him, wait the 30 days, put him in default and move forward with a divorce. You need to make sure that your petition for Divorce is properly filled out, I recommend you speak to an attorney to make sure your paperwork is correct.

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Answer Applies to: California
Replied: 3/2/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You can set up a hearing and ask that the court enter a default judgment against your former spouse.
Answer Applies to: California
Replied: 3/2/2011
Ciccarelli Law Offices
Ciccarelli Law Offices | Lee Ciccarelli
Thank you for your inquiry. It is always challenging to go through a divorce, especially when there is conflict. Consider speaking to a divorce attorney in person, who can listen to your concerns and advise you on the strategies you need to take. Joshua Janis manages our family and divorce practice and is available to speak with you.
Answer Applies to: Pennsylvania
Replied: 2/28/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You can file for a divorce without the agreement of your spouse. You will need to have him legally served with the legal action and he will be required to file an answer contesting the issues. If he fails to do so, then the court can issue you a default judgment. If he files an answer, then you and your husband can appear before either a judge or a jury to settle any issues.
    Answer Applies to: Georgia
    Replied: 2/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If this is a CT case then you can proceed without him. If it is another jurisdiction you should inquire with an attorney in that state. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
    Answer Applies to: Connecticut
    Replied: 2/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There is nothing in a Colorado divorce case that requires the opposing party to sign anything. All that is necessary is that you satisfy the legal requirements of giving the other side legal notice that you have filed for the divorce. There are several ways to satisfy that requirement, but if he is a "foreigner" living outside the United States it may be a little more difficult or complicated. You need to consult an attorney to discuss the specifics of your situation based on where the other person is living and what you want to accomplish in addition to simply ending the marriage.
    Answer Applies to: Colorado
    Replied: 2/28/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You can go to court and obtain the divorce without the other spouse's consent or signature.
    Answer Applies to: California
    Replied: 2/28/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    In California you can file for a divorce even if the other side does not want to divorce. He may chose not to be part of it and this means you will get a divorce without him.
    Answer Applies to: California
    Replied: 2/28/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    In California, you do not need the consent of the other party to be granted a divorce. I can help you with your case. Please contact me for a free consultation.
    Answer Applies to: California
    Replied: 2/28/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    Set the matter for hearing. In Colorado, only one party may request a divorce. So if you want a divorce and your spouse does not, the court would still grant a divorce. So set it for hearing and have the judge enter your decree. The judge will grant the divorce whether he likes it or not.
    Answer Applies to: Colorado
    Replied: 2/28/2011
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    File for divorce and have him serve with notice. If no agreement sign by the parties can be reach, then set the case for trial. The court will then render orders for divorce, division of marital estate, and custody (if children).
    Answer Applies to: Texas
    Replied: 2/28/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Have the divorce papers personally served on your spouse. He needn't sign any papers to be served. If he fails to file a Response within 30 days after being served, you can file a request to have the court enter his default, which, if granted, would allow you to proceed with a default hearing with no further notice to your spouse. You would be best served by retaining an experienced Family Law Attorney to represent you in your divorce.
    Answer Applies to: California
    Replied: 2/28/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    If you want to proceed with the divorce, you need to file a petition for dissolution of marriage. You then have the petition personally served on him. If he fails to file a response within thirty days you may proceed without him to obtain your divorce. This is called taking his default. You should consult with an attorney for the exact steps.
    Answer Applies to: California
    Replied: 2/28/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    if married for two years, tell him he can sign the papers and stay in the us.
    Answer Applies to: Tennessee
    Replied: 2/28/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    If he has been validly served with your dissolution petition, he has 30 days in which to file a response. If he does not file within the 30 days, you can ask the court for a default judgment. I would recommend having the sheriff's office serve him. Most sheriff's offices will serve the documents on a person for a small fee. This way, the person can't really avoid service.
    Answer Applies to: Oregon
    Replied: 2/28/2011
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