Advice? He won't sign the papers!

iVillage Member
Registered: 06-14-2004
Advice? He won't sign the papers!
5
Sat, 04-22-2006 - 8:00pm

Hi everybody,

I have been separated from my H for just over 1 year. I moved out and he filed for divorce. It is an uncontested divorce--we don't have any kids, investments, homes, cars, etc. So there really was nothing to separate except our actual relationship.

He is the one who went to a lawyer and filed. I received and sent my copy of the notarized affidavit back to his lawyer last summer.

Here is where I need feedback:

My H and I are not really speaking - it is his call because he is the one that is angry and feels abandoned (and he is in complete denial that he had anything at all to do wtih the demise of our M!!!)

Anyway, he called me in Feb 06 to tell me that the final divorce papers arrived in his mailbox that week and that he couldn't open them. So they sat in an unopened envelope. But I wanted to give him a littel time and patience. THis is hard for us.

So I spoke to him again in the beginning of April and he told me he still has not signed or sent the papers. The unopened envelope is still in his apt.!

I don't know what to do. I want to know if the divorce could become null and void if he dosen't sign. What will happen? I don't want to do anything mean to push him but I do want to get this show on the road.

Does anyone know what my rights are in this as HE is the one who is in charge of the D? I don't have lawyer yet. I was just planning on having a lawyer look over the D papers before I sign since it is such a simple basic legal D. Emotionally this is another story. What should I do???

Thanks!

iVillage Member
Registered: 03-11-2004
Sat, 04-22-2006 - 9:57pm
What does your lawyer say? In some states you can go ahead with the divorce even if he never signs after a certain amount of time. Good Luck! Hugs, Brenda

Hugs, Brenda 

iVillage Member
Registered: 06-14-2004
Sun, 04-23-2006 - 1:49pm

hi,
i don't actually have a lawyer right now. i was hoping I could just wati till i recevied the final papers and get a lawyer to review them before i signed.

anyone have any advice? i know i could just ask him to open his mail and send the thing to me but as they say in Gone With the Wind, "Askin' ain't gittin'."

if anyone knows if my divorce is in jeopardy or can become "expired" or outdated please let me know. i am trying to find out my rights. thanks!

iVillage Member
Registered: 03-11-2004
Sun, 04-23-2006 - 2:31pm
Who drew up these papers? STBX's attorney? I still think you need to talk to an attorney. I know you don't want to go through the expense, but I believe it would wise. You can't make him do anything. Also the fact that he filed and not you may void the diovrce if he won't sign. I don't know. You might see if and attorney will give you a free consult and then agree to use him later to review the papers. Good Luck!
Hugs, Brenda

Hugs, Brenda 

iVillage Member
Registered: 02-22-2006
Mon, 04-24-2006 - 7:20am
Call the court clerk where your divorce papers came from. They can tell you what will happen if he doesn't sign. Then you will know whether you need to get a lawyer. Something is missing here. You should have received a seperate copy of the same papers to sign and return to the court. Ask the clerk if it's not too late for you to come in to read & sign the papers. Or if they can send you a copy. Either way, have a lawyer look them over for you.
iVillage Member
Registered: 03-19-2003
Mon, 04-24-2006 - 12:30pm

Typically, things can be in limbo for a year before new papers are required (so I've heard).


Karen ~ wildlucky4me ~