How to divorce my husband if he lives in a different state and will not sign the paperwork?

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How to divorce my husband if he lives in a different state and will not sign the paperwork?

We were married 5 years ago and separated shortly after. I have sent him divorce paperwork and he has not signed on numerous occasions. The grounds for divorce are adultery. The county clerk told me I would have to file for divorce again because they can’t make him sign the paperwork. Can I still be granted the divorce even though I have proof he has cheated on me and has child with that woman?

Asked on January 4, 2013 under Family Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

You will need to refile the petition as a contested one.  Serve him with the petition for divorce.  If you are seeking child support and custody, you will need to submit financials.  The sheriff of the county where he resides can serve him or you can hire a privateprocess server to serve him. 

If there are marital assets,, children, or you want to file under adultery versus irreconcilable difference, I recommend you hire experience local counsel.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about and the failure of your spouse to cooperate with you in signing the needed paperwork to process your dissolution matter you will need to refile the petition and have him personally served with the summons and petition for dissolution. If he fails to respond in thirty (30) days, you can take his default. I suggest that you consult with a family law attorney for assistance.


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