My wife will not sign!

Asked 10 months ago - West Palm Beach, FL

I am in the military and I am trying to get a divorce. we started the case in fl, and now my lawyer in fl says we cant do anything until she signs and she will not sign. I moved to a diff state bc of the military and now she is in Ga with someone new and Had a Child with him and still will not sign. Is there anything i can do? we have 2 kids and i pay for everything and i just want to be able to move on! please help or any advice.

Attorney answers (6)

  1. Dean George Tsourakis

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . If your divorce is filed have your attorney take the steps necessary to set it for trial.

  2. Justin Gary Hausler

    Contributor Level 16

    7

    Lawyers agree

    Answered . If you were trying to do this as an uncontested divorce and have not yet paid the filing fee, you'll have to get her served. This just means that your divorce becomes contested. You'll file a complaint which requires her to file a response within 20 days after she's been served. You will also be required to attend mediation. Set up a consultation today.

    You can get a free consultation by calling 407-617-1064. Please understand that the information given is not to be... more
  3. William Charles Rosenfelt

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree...set the matter for trial asap and get it moving.....

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  4. Steven P. Shewmaker

    Contributor Level 12

    8

    Lawyers agree

    Answered . 1. When you say "she will not sign" I am unclear. Do you mean she will not voluntarily acknowledge service of the complaint for divorce? Or do you mean that you have presented her with paperwork to resolve all matters which she refuses to sign? Or do you mean that you both agreed at mediation to an final agreement which she now refuses to sign?

    2. I would give you different advice for each one of these possibilities.

    3. If you mean that she will not voluntarily acknowledge service of the complaint, I would normally tell you to pay the sheriff or some local private investigator to serve her with the paperwork. But if she has left the state for a significant amount of time (generally more than six months), Florida may no longer have personal jurisdiction over her. In that case, you can still seek a divorce in Florida (assuming you are still a resident there per the Servicemembers Civil Relief Act). In that case, Florida will likely only be able to grant the divorce and divide property in Florida and with you, wherever you now are. But it will not be able to divide property with her in Georgia. Plus, if she has the kids with her in Georgia, per an interstate compact called the UCCJEA, Georgia very likely is the only state that can make a child custody order in your case. In other words, you may do better to just dismiss your Florida case and start over in Georgia. You can voluntarily opt into Georgia's jurisdiction if you like.

    4. If you mean that you have presented her with paperwork to resolve the case and she refuses to sign, tough luck! You can present her your solution to resolve the case all day long, and she is under no obligation to accept it. Assuming she has already acknowledged service or been served, just schedule the case for trial (or mediation) if you can. As for being away, you will need take leave to go to Florida.

    5. if you mean that she already agreed to a settlement and now won't sign the final paperwork, there is a simple remedy. You can ask the court to enforce the agreement. But you will still need to travel to Florida.

    6. If you end up coming to Georgia, you can call me. That's where I am. If you are going to finish this in Florida, let me know where. I can probably refer you to somebody good down there.

    Good luck with it.

  5. Richard Scott Chizever

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . If your case is lagging pressure your lawyer in getting this case to trial or time to get another lawyer. You shouldn't have to pull teeth in order to get your lawyer to do work on your behalf - they get paid for a reason.

    You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S.... more
  6. Daniel A. Bachert

    Contributor Level 14

    3

    Lawyers agree

    Answered . If she has given birth to a child during your separation make sure your attorney amends or supplements your petition before the court to include a request for disestablishment of paternity. If the child was born under the circumstances as you indicate them to be you are considered the legal father of that child.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,277 answers this week

2,871 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,277 answers this week

2,871 attorneys answering