Husband may not sign divorce papers


#1
  1. He does not have to sign the papers. My husband’s ex didn’t because she thought this would hold up the divorce. It won’t. The only thing that will hold up the divorce is if he can not be found to be served, and even then it’s only a matter of time.
  2. Once he is served, he has 30 days to reply. If he does not, meaning he doesn’t sign the papers, it will have to go before the judge. You will probably have to go to court but it would only be to tell the judge that everything in the divorce complaint is accurate; marriage date, separation date. It’s a formality really and not a big deal. You’re ex would then be mailed a copy of the divorce decree.
  3. I’m not sure about the address. Maybe someone else could answer that…

#2

Your spouse does not have to consent to the divorce. If you have been separated for a year and a day you can file for divorce and the court will grant the divorce based on that separation.

Your physical address does not need to be on the divorce papers but the court will need an address to contact you at.

Once you file for divorce you will need to serve the papers on your spouse and then wait thirty days. If he does not respond you will go in front of the court and your divorce will be granted.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thanks for answering all of the questions so far.

I have a few more.

  1. If I am going to file for the divorce and I live in Wake County but he lives in Johnston County, WHICH COUNTY DO I FILE IN? We got our marriage license in Wake County.

  2. If I know where he works, but he works out of the office most of the time, how would it be best to serve the papers to him? I may have his home address but I am not quite sure about it.

Thanks in advance.

jb


#4
  1. You can file in the county in which you or your Husband reside.

  2. You can serve him at work or at home and should try to serve him at the place you believe you are most likely to serve him first.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Any help would be appreciated.

I have a few things I am unsure of for my impending divorce…

My date to file divorce papers is coming up in July and I am afraid that he may not sign the divorce papers.

  1. What would my next step be if he does not sign the papers? (we really have nothing to fight about because we have already split everything)
  2. What is the time frame I would have to wait and would I still need to appear in court?
  3. Will my address be on the divorce papers at all?

Again, any help would be greatly appreciated.


#6

I have a question. My wife served me divorce papers here in NC about 2 weeks ago. We were living together up until yesterday. She lied on the papers and stated we have been separated for almost a year now to speed the process up. I want to do the right thing and put the correct separation dates on the divorce paper and do not feel right signing them as they are. What should I do? I feel she would be willing to fix them if needed she just thought we both would want it to be finalized sooner than later. Thanks for any input. I was told by someone else she would have to do an amendment to the final papers by going to the court. I am moving out of state in two weeks and dont want to have to come back for court!!


#7

You should file an answer and deny the items that aren’t true.


#8

How would I do that? Is there something on the papers she served me or do I need to go to the courthouse and get other papers to fill our and answer it?