My spouse won't sign the divorce papers. What do I do?
By nort3k from CA
Depending on what state you live in. In Oregon the spouse doesn't have to sign papers, but it takes longer to get the decree. Call Legal Aid and they could tell you for sure. You can buy and file the papers yourself and without an attorney since there is no property and no children. Good luck.
You can still get a divorce, but if your spouse won't agree to it, the divorce will usually cost you much more because of higher lawyer fees. If your spouse is in the military & won't sign the papers then you can't divorce them, but otherwise no trouble. Each state has it's own laws, contact a divorce lawyer. If you can't afford one, go to a paralegal or legal aid. I recommend a good paralegal. A paralegal costs about a quarter (or less) of the price of a lawyer & my paralegal really knew the ins & outs of divorce paperwork & she did an AMAZING job!
If you have kids & want custody here is a hint for you: If you have Physical Custody of the kids, then you usually are granted Temporary Custody & if you have Temporary custody then the odds are higher that you will end up with permanent custody.... So if you want your kids then be sure to have physical custody of them (have them staying with you) BEFORE you file the divorce paperwork.
When I was divorced many years ago, my ex simply wouldn't sign the papers no matter what. He did this simply to "give me grief" & I suspect that this is what is happening to you... SO, if you pretend for a while that you couldn't care less about the divorce paper work, then the odds are you'll have less trouble getting the paperwork signed. It's all about control!
But until your divorce or separation paperwork goes through, don't buy anything big because if you do buy a house, car or anything like that while you are still married then you spouse owns half of it! ..
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I want to divorce my abusive wife, but I know she won't sign the papers. We have no children, own no property, and each have our own cars. What type of divorce do I need? Do I need a lawyer?
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