I want to divorce my husband but he will not sign papers or leave property.

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I want to divorce my husband but he will not sign papers or leave property.

I have tried twice to get him to sign
papers I had printed and filled out and
he will not . He also will not leave
the property . The property is in my
grandparents name, as who we live
with.however the address is on his
license. We share no assets , only a 2
year old child. I don’t know what to do
or where to start .
I live in Kentucky, Louisville is my
city

Asked on August 8, 2017 under Family Law, Kentucky

Answers:

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

Answered 3 years ago | Contributor

First of all, until you have a final decree of divorce or have entered into a formal separation agreement, the house remains the "joint marital residence". This means that you both have the right to occupy the premises, no matter whose name that the deed is in. Accordingly, your husband need not leave. As for his not signing the divorce papers, there you do have a legal remedy. You can file, as the "petitioner", and serve your husband a copy of the "compaint" (basically the petition for divorce). As a general rule, the "repondent" (i.e. non-filing spouse) about has about 30-60 days to file their "answer". If they fail to do so within the timeframe specified, then the petitioner can file a request to enter a "divorce by default" (although the respondent will be given a certain time in which they can appeal the decision). At this point, you may want o consult with a divorce attorney.


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