How to divorce my husband if he refuses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to divorce my husband if he refuses?
My spouse and I have been separated 3 years; we have a 6 year old daughter. Currently, he is currently in jail and has been for over 6 months; he also has jail time in another state to do. He refuses to sign divorce papers. What can I do? He has not supported myself or my daughter or visited more the 6 times in 3 years. I want a divorce and to move on with my life; his criminal activity is dangerous and reckless and not healthy for my daughter.
Asked on January 20, 2013 under Family Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your spouse has been served with the summons and petition for divorce and he refuses to sign them where issues of child custody are referenced, then you simply file a request to enter his default. If such is filed, then you prove up your claim in court where your spouse ends up getting divorced from you by default.
I suggest that you may want to consult with a family law attorney to give you some guidance through the default procedure.
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.