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Is it possible for only one person to sign the divorce papers and get a divorce finalized? |
Ok my mom hired a divorce lawyer to take care of all the paperwork and stuff. she's paid him already $1,000 and he really hasn't done much. The thing is, my dad doesn't want to sign the divorce papers but my parents have been seperated for over 2 years and my mom has a restraining order against my dad. My mom's lawyer says there's only one possible way that only one party can sign and get the divorce finalized but he hasn't done that in years and it's a long process and he's going to expect more money. Is that true? How could that be possible?I mean my mom is like under so much stress because she wants to get this divorce overwith and her lawyer keeps trying to contact my dad's lawyer who he hasn't paid for a long time so she keep ignoring the phone calls. My question is... Eventually a judge will sign them with or without your dad's signature; but the fact he has the right to contest it and drag it out is just an unpleasant fact of law. The way to do it is to act as though the divorce is contested. So, one party sues for divorce and serves the other with the complaint. Eventually, the matter comes before a judge who decides whether the party has shown grounds for a divorce. As incompatability is grounds, the court will find that the grounds exist. Why this lawyer finds that arduous is not clear as it happens every day, especially when a spouse abandons the familly and is not available to agree to a divorce. Only way I am aware of is if the other party cannot be located. At that time, an ad is placed in the local newspaper stating the legal papers have been filed. In your Mothers case, it is called a contested divorce and your Father will be sent papers to appear in court. I believe this is what she will need to do. If your Father does not show up in court, the divorce will be granted in absentia. Well let's see - one side wants to get divorced and the other doesn't and you mom wants to know why that is a complex, messy, expensive process of law? Once a person was served with the original papers, the divorce will be final in a set time no matter what. The property settlement and custody battle will go on. |
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