What to do if my spouse refuses to sign and return divorce forms even though he requested the divorce?

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What to do if my spouse refuses to sign and return divorce forms even though he requested the divorce?

My spouse and I are separated. I have all 3 kids; he does not help with the children. He asked for a divorce and asked me to fill out the paperwork. All property is to be divided equally and his only financial responsibility is to pay child support, which is less than the state required. He refuses to sign and return the forms, and he refuses to take my calls or answer my emails. All papers are ready to be filed, except for his signed pages.

Asked on October 17, 2016 under Family Law, Florida

Answers:

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

Answered 5 years ago | Contributor

You don't need him to sign. Depeding on state law, you mayneed to serve him again with the divorce papers. Then, he has to reply within a certain amount of time. If he does not, you can proceed with a "divorce by default". Each state has rules about how you go about filing for a default divorce but it can be done. Basically, it will be granted on the terms that you request. The fact that you have children will not stop the divorce from going through.


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