Does an incarcerated spouse have to sign and return divorce papers?

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Does an incarcerated spouse have to sign and return divorce papers?

I filed for divorce, papers have been certified mailed to my husband and he has received them. Does he need to sign them and return them to proceed? Don’t want any delays just want this done.

Asked on July 12, 2019 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't make anyone, incarcerated or not, voluntarily sign divorce papers or any legal documents (e.g. contracts, settlements, etc.). There are ways to get a divorce without his signature or consent--that is, a court can order the divorce--but you need to approach it that way; again, you can't force him to sign the papers against his will. Consult with a family law attorney to better understand how to proceed given his refusal to sign.


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