How to divorce my husband if he refuses?

My spouse and I have been separated 3 years; we have a 6 year old daughter. Currently, he is currently in jail and has been for over 6 months; he also has jail time in another state to do. He refuses to sign divorce papers. What can I do? He has not supported myself or my daughter or visited more the 6 times in 3 years. I want a divorce and to move on with my life; his criminal activity is dangerous and reckless and not healthy for my daughter.

Asked on January 20, 2013 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your spouse has been served with the summons and petition for divorce and he refuses to sign them where issues of child custody are referenced, then you simply file a request to enter his default. If such is filed, then you prove up your claim in court where your spouse ends up getting divorced from you by default.

I suggest that you may want to consult with a family law attorney to give you some guidance through the default procedure.


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