How to divorce my husband if he lives in a different state and will not sign the paperwork?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to divorce my husband if he lives in a different state and will not sign the paperwork?
We were married 5 years ago and separated shortly after. I have sent him divorce paperwork and he has not signed on numerous occasions. The grounds for divorce are adultery. The county clerk told me I would have to file for divorce again because they can’t make him sign the paperwork. Can I still be granted the divorce even though I have proof he has cheated on me and has child with that woman?
Asked on January 4, 2013 under Family Law, Georgia
Answers:
Paula McGill / Paula J. McGill, Attorney at Law
Answered 11 years ago | Contributor
You will need to refile the petition as a contested one. Serve him with the petition for divorce. If you are seeking child support and custody, you will need to submit financials. The sheriff of the county where he resides can serve him or you can hire a privateprocess server to serve him.
If there are marital assets,, children, or you want to file under adultery versus irreconcilable difference, I recommend you hire experience local counsel.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Based upon what you have written about and the failure of your spouse to cooperate with you in signing the needed paperwork to process your dissolution matter you will need to refile the petition and have him personally served with the summons and petition for dissolution. If he fails to respond in thirty (30) days, you can take his default. I suggest that you consult with a family law attorney for assistance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.