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Does she have to sign the divorce papers for him to get the divorce?

Pocola, OK |
Filed under: Divorce

my friend is trying to get a divorce from his wife who left him 2 months after they got married. he couldn't get a hold of her for a long time, so i found her on Facebook for him and started talking to her. she said she would sign the papers so we went and got them. she's known to wait till the last minute to do anything. what worries him is when we went to the paper office to get the papers they said she HAS to sign otherwise the papers wouldn't do any good. we met her to give her the part that was for her to fill out and told her that the paper said to wait 24 hours after he signed. we told her after what time she could go too. but he's afraid she won't do it and he just wasted $233. he already filled out and turned in his part.

Attorney Answers 2


if he wishes to get the divorce by agreement, you will have to wait for her signature. He can however have someone serve her with the filed papers (Complaint and Summons) which tell her that she has a set time to respond, usually 20 or 30 days. If service of process is accomplished, and she does not appear, husband can apply to the court for entry of the divorce decree.

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Unfortunately for your friend, it take two people to agree to a settlement. If the wife fails or refuses to sign the decree, due process requires that the wife be given notice and an opportunity to be heard before the court will sign a decree. To meet these requirements, your friend will have to have a summons issued, and hire the sheriff's office or a process server to deliver the papers to her. If she doesn't respond, he may have to file a motion for default judgment and mail her notice of that hearing. Though this may seem a burden, remember that due process protects your friend as well as his wife from abuse by the legal system. Remember that the rules exist to protect all of us, not just to inconvenience some of us.

If we do not have a written attorney-client agreement: I am not your lawyer; you are not my client; this is not legal advice.

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