What can be done if I’m trying to file for uncontested divorce but my husband is refusing to sign the divorce papers?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can be done if I’m trying to file for uncontested divorce but my husband is refusing to sign the divorce papers?

I have no property or minor children. We have lived apart for over 5 years. The court said I have to pay hundreds more to get him served. Is there anything else I can do or anyway around that. Can I make him pay that or sue him since he is costing me more? There is no reason for him not to sign.

Asked on July 2, 2015 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your husband is refusing to sign then the divorce is not "uncontested." it is surely contested.  What you should do is have him served and when he does not file an answer you can move for a default judgement and inquest which will dissolve the marriage.  He can not stop you from getting divorced. It just may be a little more work.  And no, you can not sue him for it costing you more. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption