What can I do fi my husband will not accept or return divorce papers?
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What can I do fi my husband will not accept or return divorce papers?
I have been attempting to divorce my husband for over a year. He has refused/returned the papers to me on multiple occasions. It has now been over 12 months since we have resided under the same roof, or even seen each other and my understanding from what I have read is that I can now file without his signature. Can you confirm if this is correct?
Asked on May 5, 2017 under Family Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Assuming that you know your husband's whereabouts, as the filing spouse (i.e. the "petitioner") you can serve him a copy of the "compaint" (i.e. the petition for divorce). As a general rule, the non-filing spouse (i.e. the "respondent") has 30-60 days to file their reply or "response". If they fail to do so within the specified time, you can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can appeal). At this point, you may want to cinsult directly with a local attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Assuming that you know your husband's whereabouts, as the filing spouse (i.e. the "petitioner") you can serve him a copy of the "compaint" (i.e. the petition for divorce). As a general rule, the non-filing spouse (i.e. the "respondent") has 30-60 days to file their reply or "response". If they fail to do so within the specified time, you can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can appeal). At this point, you may want to cinsult directly with a local attorney who can best advise you further.
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