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

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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 8 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.


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