If my wife is wanting to contest our divorce and she can't afford an attorney, can I file w/o her signature? What are my rights?

SHE'S HOLDING THE PROCESS UP BECAUSE SHE CAN'T AFFORD TO HIRE HER OWN ATTORNEY. ALL WE HAVE AS JOINT PROPERTY IS A MOBILE HOME THAT IS BEING LEASED RIGHT NOW. HOW LONG CAN SHE HOLD OUT THE PROCESS? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Jon Vincent Forehand

Jon Vincent Forehand

Contributor Level 6
You can file a divorce action without the other person's consent. However you must have your wife served with the divorce papers, usually by the sheriff. Once she is served she has up to 45 days to file an answer to the complaint for divorce or she is in default and you can take a decree without her consent. If she files an answer you would likely need a hearing to resolve the case.
In any case you should hire an attorney to make sure the papers are prepared correctly and to protect your rights.
1 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Divorce Contributors

1.
No photo
Contributor Level 7
19 answers, 0 legal guides
2.
Christopher T. Anderson
Contributor Level 5
11 answers, 0 legal guides
3.
Thomas Arthur McCormack
Contributor Level 6
9 answers, 0 legal guides
View all Divorce Lawyers on the Contribution Leaderboard