My husband and I are both active duty stationed in Japan. I want a divorce but he won't sign a the separation or divorce papers.

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My husband and I are both active duty Marines stationed in Japan. He is stationed in mainland (Iwakuni, Japan) and I am stationed on the island of Okinawa, Japan. He has been physically separated from our family since January 2007. I had divorce papers drawn up by my lawyer and legal separation papers drawn up by military legal services which he refused to sign. I have been forced to pay off his car (as the co-signer) & dental bills for the children. My family and I have been abandoned in every way yet I cannot divorce him. What recourse do I have?

Asked 11/10/2009 under Divorce, Marriage, Alimony | 409 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

The lawyer you retained for purposes of having the divorce papers drawn up should be able to advise you about how to pursue a default judgment against your husband. This kind of situation is all too common, which is good for you because divorce laws already contemplate what to do when a spouse refuses to cooperate with the proceedings. It also helps that your husband is a Marine on active duty. That means you won't have a hard time tracking him down for purposes of serving divorce papers on him. The way the system typically works, it doesn't matter whether your husband is willing to sign the divorce papers. You serve him with papers that include a notice to appear.  If he fails to respond, a default judgment may be entered against him. The threat of that possibility is usually all it takes to get an uncooperative spouse to cooperate. If all of this is news to your lawyer, you need to get another lawyer, one who specializes in family law.  This is not rocket science. It's been done before, many, many times. Good luck.

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