What can I do if my husband won’t sign divorce papers?

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What can I do if my husband won’t sign divorce papers?

What can I do to get out of the marriage?

Asked on November 18, 2010 under Family Law, Georgia

Answers:

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

Answered 13 years ago | Contributor

In most states, in a situation such as this the petitioning spouse (the one filing for divorce) can obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and the respondent (the non-filing spouse) has been properly served, the petitioner is entitled to one if the respondent fails to file an answer to the action within a specified time (typically 30-60 days). After that period, they will be deemed to have "defaulted". Accordingly, the petitioner can then file their final paperwork and appear before the judge, who will make their ruling solely on the petitioner's written/oral testimony. A divorce is then granted generally on the terms that are requested.

Specifically, in GA a petitioner cannot get a divorce strictly by default. Even after the 30 days to respond have passed, a respondent may still file a response any time prior to the final hearing. However, failure to file a timely response does constitute a waiver to further notices. If the respondent fails to appear at a final hearing, the judge will issue a divorce decree and distribute the marital property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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