What canI do if my husband refuses to sign the divorce papers?

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What canI do if my husband refuses to sign the divorce papers?

I am planning on getting a divorce from my husband who’s been in prison for 29 years.

Asked on September 26, 2010 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can get what is called a "divorce by default".  What you have to do is to file a summons and complaint with the court.  Your spouse will need to be served , in prison in your case, with a copy of the summons to which he must file an answer (his reply). Then, after a specified time period of time if your spouse does not answer he will have "defaulted". You will then file your final paperwork and appear before the judge, who will make their ruling solely on your written/oral testimony. A divorce is then granted generally on the terms that you requested.


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