Will I have to file for divorce again after a certain period if my husband refused to sign my first filing in 2008? 27 Answers as of September 27, 2012

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If you file for divorce, the court can decide the case, and your husband doesn't need to sign, so I don't know what you filed. However, if your 2008 fling was never completed, that case was probably dismissed by the court. You will almost certainly have to file again.
Answer Applies to: Ohio
Replied: 9/27/2012
Law Office of Melvin Franke | Melvin Franke
I need more facts.
Answer Applies to: Missouri
Replied: 9/25/2012
Ezim Law Firm | Dean Esposito
Your suit may be abandoned requiring you to file a new suit. You should get legal advice/opinion before you take further action.
Answer Applies to: Louisiana
Replied: 9/25/2012
Law Offices of Maxwell Charles Livingston
Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
Contact an attorney and consult.
Answer Applies to: Wisconsin
Replied: 9/25/2012
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
You should go to https://www.courts.mo.gov/casenet/base/welcome.do Enter your information to pull up the case history and see whether the case is still pending. If it has been dismissed or otherwise closed, then you will need to file a new Petition for Dissolution.
Answer Applies to: Missouri
Replied: 9/25/2012
    Steven Alpers | Steven Alpers
    You must proceed and serve him. He does not need to sign.
    Answer Applies to: California
    Replied: 9/25/2012
    Peyton and Associates | Barbara Peyton
    No you can re-activate that case by filing a request for orders. Talk to an attorney for at least an initial consultation before you proceed.
    Answer Applies to: California
    Replied: 9/25/2012
    Jencks Law Firm, PLLC
    Jencks Law Firm, PLLC | Rita Jencks
    In Oklahoma a case can be inactive for over a year before the court will put it on the disposition docket. The court will notice all parties that if something isn't filed in the case by a certain date, the case will be dismissed. If the case is still active, regardless of when it was filed, you do not have to file again. If the case has been dismissed on the disposition docket, you will have to file a new case and then the new case will be reassigned to the originally assigned judge. You can call the court clerk in the county where you filed to find out if the case is still active or not, or you can check online at www.oscn.net
    Answer Applies to: Oklahoma
    Replied: 9/25/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    Utah law allows a person to be divorced without the requirment of the other party signing any documents. Acourt action is required to force a divorce theough whern the other paety refuses to be co-operative.
    Answer Applies to: Utah
    Replied: 9/25/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If your first filing is still active, you need only serve the petition and summons to get the divorce moving along.
    Answer Applies to: California
    Replied: 9/25/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If nothing has happened in the case since 2008 it has most certainly been dismissed and you will need to start over again. In Colorado there is nothing that you need your husband to sign; all that is necessary is have the papers served on him so that he actually knows you have filed.
    Answer Applies to: Colorado
    Replied: 9/25/2012
    Law Offices of Frances Headley | Frances Headley
    You will if the court dismissed the case for lack of prosecution. You need to consult a family law attorney so that you will be prepared to keep the case moving even without the participation of your husband.
    Answer Applies to: California
    Replied: 9/25/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It depends. Take your papers to a lawyer to determine whether the court issued a judgment of divorce. In Ohio, it is possible the court issued a judgment without the signature of your husband. But this is too important an issue to leave to chance. Take the papers to a family lawyer today.
    Answer Applies to: Ohio
    Replied: 9/25/2012
    Law Offices of Richard K. Jolliffe | Richard K. Jolliffe
    There are no court forms he has to sign for you to obtain a divorce. If he told you he wouldn't sign anything, ignore it and proceed on your own. You may have to refile if you last filed more than five years ago.
    Answer Applies to: California
    Replied: 9/25/2012
    Law Office of Stephen Barker | Stephen Barker
    In Michigan, if you did not pursue it to the entry of a divorce judgement, you will have to re-file. If you got a properly entered divorce judgement, it does not matter if he signed or not.
    Answer Applies to: Michigan
    Replied: 9/25/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If your original divorce action has already been dismissed and it was so long ago, you will need to refile. Your husband does not have to "sign off" on anything - you can have him served with the Petition and it is up to him at that point whether to file a Response and participate in the case or whether to do nothing and allow it to go forward without his permission. I recommend you speak with an attorney to discuss the appropriate course of action.
    Answer Applies to: Arizona
    Replied: 9/25/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    It does not matter whether your husband signed. It matters what you did to make the court process go forward. You say that you filed a court lawsuit for divorce in 2008. You have to take the actions that are required by the court rules so that you can get a divorce. You need a lawyer to sit down with you and give you some advice. I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you. This will be a free consultation. After we talk, you can decide what you would like to do.
    Answer Applies to: New Jersey
    Replied: 9/25/2012
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    It is possible that the Court may have dismissed your previous filing due to their being no action taken on it previously, Contact the Clerk of Court to determine the status of the previous filing.
    Answer Applies to: Florida
    Replied: 9/25/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    A spouse does not have to sign anything for the other spouse to get the divorce. If you filed years ago, your case was dismissed by now and you have to re-file. Your new Petition must be served upon your spouse. You can then proceed to dissolve your marriage regardless of whether your spouse signs anything.
    Answer Applies to: Florida
    Replied: 9/25/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If he has been served, then you take a default against him. If he was never served, the initial filing has expired and it should be dismissed and refiled.
    Answer Applies to: California
    Replied: 9/25/2012
    Attorney at Law | Michael P. Vollandt
    If there are no custody or child support orders you case must be completed within five years from the date of the filing date. If it goes past that amount of time the court could dismiss you case and you will have to start all over again.
    Answer Applies to: California
    Replied: 9/25/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No, but you had better do something with the case that you filed, like move it along, in order for it not to be dismissed for lack of prosecution.
    Answer Applies to: Florida
    Replied: 9/25/2012
    The Children's Law Group | Tamara Chin
    If your did nothing it was probably dismissed and you will need to start over again.
    Answer Applies to: Washington
    Replied: 9/25/2012
    Martin Enrique Valbuena, P.C. | Martin Valbuena
    Yes, if you do not finalize that case before it is dismissed for lack of prosecution. At some point, the court will schedule the case for a peremptory calendar that deals with old cases that are not being pursued. If the case is not being moved forward, then the court will dismiss?it, and you would have to refile it. You can avoid it being dismissed by just scheduling it for a hearing to finalize the case.
    Answer Applies to: Georgia
    Replied: 9/25/2012
    Victor Varga | Victor Varga
    You can file an amended complaint, so yes.
    Answer Applies to: Maryland
    Replied: 9/25/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If the summons has expired without proper service as appears to be the case you must refill.
    Answer Applies to: Michigan
    Replied: 9/25/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Divorce is not final until the judgment is signed by the judge and filed with court.
    Answer Applies to: Michigan
    Replied: 9/25/2012
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