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My wife will not sign her portion of the divorce pappers. What can I do?

Perris, CA |

Been waiting for my ex-wife to file her portion of divorce papers and she is not doing so what can I do to finalize my divorce from her?

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Filed under: Divorce
Attorney answers 4

Posted

If she has not filed a response to the Petition and Summons, then you can file for a Request For Default. If she won't sign a maritla settlement agreement or stipulation, then set the matter for a hearing and ask Judge to proceed via default or set the matter for a Trial. But, it sounds like you are stymied on knowing the correct procedures so I strongly suggest that you get an attorney.

Posted

It really depends on what papers you are talking about.

Have you personally served your wife with the petition and summons for dissolution?

If so, has she responded?

If she has responded do your petition and summons, what papers are you waiting for her to respond to?

I am sorry, but more information is required before an answer can be provided.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges

Posted

File for default.

Posted

Find out why she is not signing then fix the real problem. This is a symptom.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.