How do I get a divorce from my husband who won't sign divorce papers?

Asked over 2 years ago - Omaha, NE

I have been trying to get a divorce from my husband for over a year now. He refuses to sign divorce papers until he signs my daughter's birth certificate.

I already have a custody agreement with her biological father, he does not see her yet I do occasionally get child support.

I do not want my husband to adopt her as he is a threatening type of man. I tried to get a protection order but the judge says that he lives with me so it was denied.

He is not on my lease nor does he pay any bills. We don't own anything together. All i want is him to leave us alone.

Attorney answers (2)

  1. Ryan Douglas Caldwell

    Contributor Level 12

    3

    Lawyers agree

    Answered . You don't need your spouse to sign any papers in order to get your divorced finalized. You begin by filing a Complaint for Dissolution of Marriage and have him legally served through the Sheriff's Department. If he fails to respond you can go into court and get a default entry of divorce. You probably need an attorney to make sure you complete all of the steps.

    If he is not the biological parent of your child, but the child was born during your marriage, you would need to institute a paternity case against the true father. It is not clear if you have a paternity, custody and support order or not, you just say "agreement", but I'm not sure what that is. I'm not sure how, if your husband is not the child's biological parent and the child wasn't born during the marriage, how his name can appear on the child's birth certificate. If the child already has a father through a paternity case, your husband is excluded from claiming this child.

    All in all, it sounds like you have a really serious case with significant issues. It would be best to hire an attorney to resolve these for you. I offer a free consultation if you would like to meet. See my links. Good luck.

    This should not be considered legal advice, but rather simple information. You should consult a lawyer to review... more
  2. Brendan Michael Kelly

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Have him served and then follow-up with getting the court to order the matter finalized. The custody agreement should be filed, since any children born during a marriage are presumed to be the married couples. Get a lawyer and have them take the steps necessary.

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