What should I do if my husband is refusing to sign the divorce papers? 36 Answers as of May 22, 2013

I'm currently deployed. I mail (certified) the divorce papers to him. Since August, he wants me to wait two more months to sign but I don't want to. Do I need a lawyer now?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If your husband won't sign, you have to file for divorce and have the court decide the case. So, yes, you need a lawyer.
Answer Applies to: Ohio
Replied: 9/27/2012
Law Office of Melvin Franke | Melvin Franke
Yes.
Answer Applies to: Missouri
Replied: 5/22/2013
Ezim Law Firm | Dean Esposito
You could wait a little longer but if he refuses to zig you should hire a lawyer.
Answer Applies to: Louisiana
Replied: 9/26/2012
Attorney at Law | Michael P. Vollandt
If he will not sign for the papers then you are going to have to have him served personally with a process server. That does not cost a lot probably under $100.00.
Answer Applies to: California
Replied: 9/26/2012
Law Offices of Maxwell Charles Livingston
Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
It is recommended that you hire an attorney to divorce. Even if she contests the divorce, it is your choice to divorce even unilaterally if you feel there are irreconcilable differences.
Answer Applies to: Wisconsin
Replied: 9/26/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    If you filed a Petition for Dissolution in Missouri, your husband does not necessarily need to sign and "divorce papers". If you desire to dissolve the marriage, you must 1) file a Petition for Dissolution; 2) waive your rights under the Service members Civil Relief Act (SCRA); and 3) have your husband personally served a copy of the Petition pursuant to Missouri law. Your husband then has 30 days to file a responsive pleading with the Court. If he does, you and he, or your attorneys, will hammer out the details either before court or at court, and you will get divorced. If he does not respond after 30 days, then you can proceed to court and get your divorce on a "default" basis. Good luck.
    Answer Applies to: Missouri
    Replied: 9/26/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes, you need a lawyer. If you serve him with papers you won't have to have his signature. But (1) you can't get divorced until 60 days after the case is filed and (2) if he files an answer you will have to set the case for final hearing and appear in court on the hearing date.
    Answer Applies to: Texas
    Replied: 9/24/2012
    Steven Alpers | Steven Alpers
    I don't know why 2 months would make a difference to him. You need a lawyer to push the case since you are deployed.
    Answer Applies to: California
    Replied: 9/24/2012
    The Children's Law Group | Tamara Chin
    The answer is yes.
    Answer Applies to: Washington
    Replied: 9/24/2012
    Peyton and Associates | Barbara Peyton
    Has he been served with the papers by someone other than you? If so, you can submit a request to enter his default and proceed to judgment without his signature. If he has not been served, you need to get him served because he still has 30 days after being formally served to file his response.
    Answer Applies to: California
    Replied: 9/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    The answer is yes.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes you need an attorney. If the divorce was started with a joint petition and he doesn't want to sign, then you need to get an attorney and change it from a joint petition to a contested divorce and get a divorce trial hearing date.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    I would urge you to consult with an attorney to properly move this case along. You should hire a process server to serve the documents on your spouse. You do not need to wait for your ex to sign acceptance of the documents.
    Answer Applies to: California
    Replied: 9/24/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    Yes, an attorney will assit you in obtaining a divorce faster.
    Answer Applies to: Utah
    Replied: 9/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes you need a lawyer.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there is no agreement, you serve and file your divorce papers and proceed in a contested fashion which may require a trial. You would be wise to have legal counsel.
    Answer Applies to: Minnesota
    Replied: 9/24/2012
    Law Offices of Frances Headley | Frances Headley
    You should discuss all of the facts and current status of your case with a family law attorney to see what course of action is best for you.
    Answer Applies to: California
    Replied: 9/24/2012
    Law Offices of Richard K. Jolliffe | Richard K. Jolliffe
    Your question is not clear. Have you filed for your divorce at the court? There are no "papers" he has to sign for you to proceed with the divorce. But you are not allowed to serve the papers (summons and petition) yourself, someone else has to do it who is over 18 and not a party to the action.
    Answer Applies to: California
    Replied: 9/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado you do not need his signature on anything to file for divorce, go ahead and file.
    Answer Applies to: Colorado
    Replied: 9/24/2012
    Victor Varga | Victor Varga
    The answer is yes.
    Answer Applies to: Maryland
    Replied: 9/24/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need to serve him by process server and then file with the Court the process server's affidavit of service and then move ahead.
    Answer Applies to: New Jersey
    Replied: 9/24/2012
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    All kinds of issues in here, and I would need additional facts to comment. I would highly recommend speaking to a divorce attorney for advice. You will most likely have to any way if he has not responded to your inquiries.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You might need an attorney now. You should always use one in a divorce, unless there are absolutely no issues except for the dissolution itself. You have the option of filing a contested divorce if he does not sign. Tell him that you will be filing a contested divorce if he will not agree to the terms and conditions in the papers he already has, and return them immediately.
    Answer Applies to: Florida
    Replied: 9/24/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce attorney to help you be prepared to go forward with a contested divorce. Good luck.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If your spouse will not voluntarily sign uncontested divorce documents, then you should seek the advice of an attorney to determine what your next step should be.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    You may file and have him served by a process server. You need not await his signature and do not need his permission to proceed with the divorce. You should not attempt to do this from a distance, particularly if you know little about the process.
    Answer Applies to: Arizona
    Replied: 9/24/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't need him to sign. Have him personally served. An attorney may be of assistance to you, however.
    Answer Applies to: California
    Replied: 9/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, and indeed you needed an attorney before this point. I recommend you engage an attorney now. There are many issues in an divorce and you really should not attempt it without counsel.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Have your husband served by a process server. He will not have to sign if personally served.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Easy question: Yes, you need a lawyer now. Your deployment and absence from the US complicates matters. Try to get a referral from the JAG representative assigned to your unit. Good Luck and thank you for your service to our country.
    Answer Applies to: Ohio
    Replied: 9/24/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    If you are deployed, it may be easier for you to obtain counsel to assist you with the dissolution proceedings (especially since it is not necessary - in FL - for the other party t sign any documents but you must properly serve them - certified mail is not proper in FL for initial proceedings). If you can't afford counsel, you may want to wait until you return home to continue the process and obtain a full legal consultation.
    Answer Applies to: Florida
    Replied: 9/24/2012
    Weinpel Law Office, P.C. | Marc Weinpel
    Yes, especially since you are in the military.
    Answer Applies to: Idaho
    Replied: 9/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    YOU SHOULD ALREADY HAVE ONE.
    Answer Applies to: Alabama
    Replied: 9/24/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    He is jerking you around. It would make sense to get a lawyer and get this DONE.
    Answer Applies to: New Jersey
    Replied: 9/24/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    If you're deployed and want to file now, yes, you'll need a local attorney to file a contested (rather than uncontested) case.
    Answer Applies to: New York
    Replied: 9/24/2012
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