What to do If I served my ex divorce papers over a month ago but he refused to sign and return the papers to me, even though he states he agrees to everything?

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What to do If I served my ex divorce papers over a month ago but he refused to sign and return the papers to me, even though he states he agrees to everything?

We do have 3 kids who live with me. I keep looking online at the divorce calender but nothing is showing up since I confirmed the delivery. Is there another form that I need to fill out or am I in the waiting period?

Asked on October 25, 2012 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

If he doesn't sign the papers, you can still get a divorce. Once the divorce complaint was served on him, he had notice of the divorce proceedings. If he failed to answer the complaint within the specified time (typically 30 days) you can now proceed with a "default divorce". Basically, this is a divorce that is granted in the absence of one of the parties. And typically, it is granted on the terms requested by the petitioner (the party who filed).

Right now, you should consult directly with a local attorney to find out the specifics of such a divorce in your area.


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