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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12172
Experience:  JD, MBA
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I have given my papers to my husband 3x's now and he is not

Customer Question

I have given my papers to my husband 3x's now and he is not signing. He agrees to everything but is refusing to sign. I've been seperated for 1 year now. How can I proceed? Is there a way to proceed without getting a lawyer? I want to keep things as civil as possible for our children.
Thank you
Kelly Curley
Submitted: 8 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If your husband refuses to sign, then you'll have to proceed as though the divorce is contested. You'll then need to rely upon the argument that there was an Irretrievable Breakdown of the marriage. Unfortunately, that requires that you be separated for at least 2 years before the divorce can be granted. So, you'll need to either convince your husband to sign, or you'll need to wait another year.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

Customer: replied 7 months ago.
Thank you for your quick response. I have one more question. Is there a way I could serve my husband with the papers through the court with a time frame, rather than me just handing them to him.
Expert:  TJ, Esq. replied 7 months ago.

Hello again.

The court itself doesn't service anybody, but you can have the sheriff's office serve your husband. It's usually around $30-$50 to have somebody served. The sheriff's office will then file a service affidavit stating that your husband was served.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)