What If I don’t want to sign divorce papers?
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What If I don’t want to sign divorce papers?
If my husband does decide to file for divorce, do I have to accept/sign/agree to the summons? What do I do to make the judge/court realize that I am completely against the divorce and do not want it nor do I agree with it. Also because of physical and mental health problems, I cannot work or at most, I can work part-time. Will that be considered for alimony if the divorce does go through?
Asked on July 13, 2011 under Family Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation as a whole. If your husband foes for divorce and properly serves you with the pleadings (the summons and complaint or the petition as it is called in some areas) and you do not answer then he will obtain a judgement of divorce by default, which is not a good position for you to be in. Generally a court will not decide issues of support and alimony when they grant a divorce on default. They can not. You have technically not "appeared" in the action and put forth anything for them to decide. I strongly suggest that you do not ignore the situation but instead stand up for your rights. You may be entitled to support on at least a temporary basis. Do not give up that right by not answering the paperwork. Good luck.
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