If someone won't sign divorce papers?

Question

My sister and her husband are getting divorced. Its a long story, but she was totally the one in the wrong. He left for basic training for the Air Force three months after they were married, and she proceeded to cheat on him the day after he left and then would not speak to him anymore. A year and a half later, he is still in training for his job in California and my sister is living with her boyfriend in Missouri. He tried for a long time to make things work between them but about six months ago finally filed for divorce. Now she won't sign the papers. I believe its because she owes Tricare a bunch of money for this trip she made to the hospital before her husband filed for divorce, and she knows if she is taken off his insurance she will have to pay it.
Is there anything he can do to get her to sign the papers and send them to him? What are his legal resources?

Answer 1

It takes two to get married but only one to get divorced. He can easily get divorced regardless of whether or not she wants to, I promise you. He can proceed with a divorce with or without her signature. It is the judge's signature that counts. Frankly, it sounds like he has grounds to avoid any form of interim support or alimony.



Also, in regard to what state they were married in...that makes no difference. It is what state they currently reside in. He appears to be a resident of California. There are no children, I assume, so there is no reason why he can't serve her by process of publication in Missouri and divorce her in his current state of residence, which I assume is California. (He may have to be a resident for a certain period of time before filing.) He needs to contact a qualified attorney to get this matter rolling.

Answer 2

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Answer 3

What ashame about the whole situation. Of course it's ashame they even got married in the first place. To be married 3 mons. then to take off w/someone else that quickly! To me that would be a sign she was cheating on him before he even left. Each state has different laws, but he can eventually file for irreconcilable differences after they've been separated for a certain length of time. That's where all states are different. He has to find out the no. of mons. in the state they married & resided & he w/have no problem getting his divorce. He also could take out an ad in the newspaper, leave it in for one month, if she doesn't respond he has her there too. IF she doesn't get the newspaper, her chances of seeing his ad are nill & he can get it on the same chges. as I stated. I KNOW, this happened to me. I live in NJ, he lived in MA. So, she isn't going to keep her hooks in him forever, it's just a matter of probably mons. There's NOTHING she can do about it. Hope that helped you...I sure wish him the best & THANK HIM for protecting us & our country.

Answer 4

In TX once served you have 20 business days to respond. Non response means you concur and things procede with or without you. Most states have a deadline like this, could be longer or shorter than 20 days. If she responded and is fighting then it will be much harder for him to make it final, but the court has the option of forcing it. I have a friend that has been fighting across state lines for almost 5 years, but there is lots of property and kids involved, and the state where the filing happened has no judisdiction over him. If there are no kids or property California can grant the divorce, but if they don't have jurisdiction over her they can't divide property or anything else. They don't have jurisdiction if she never lived there, btw.

Answer 5

Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/CjR6l

Answer 6

The miliotary has the JAG office, they handle a lot of legal affairs, and at least give advice in those that they do not get directly involved in, that's where he needs to start.



If her injury/illness was while they were married, she owes Tricare nothing, there is more to it than that, at this moment, she has military benefits, insurance, base shopping etc, she most likely hates to give those up, the longer it takes to get a signature, the longer she has teh privledges.



He needs to move forward with the divorce, the judge will grant one even if she doesn't want to sign.

Answer 7

Your sister will NOT have to pay the hospital bill as her husband had not filed for divorce and a disillusionment of marriage had not been filed with the Air Force at the time she went to the hosptial. Until he files the disillusionment of marriage she remains covered under Tricare. She is keeping herself in a marriage she doesn't want to be in because she is ignorant of the due process. That's funny!

Answer 8

your brother in law has to take care of his own problems, it's not up to you.. however it's nice of you to want to help. don't they have legal services in the military? he could check.



your sister might be receiving government benefits because shes the wife of a military man, and that could be another reason she's not divorcing him (i've heard this happen before).



i don't think anyone can force her to sign the divorce papers.

Answer 9

divorces don't have to be agreed-upon.

a judge will grant it anyway.

only he needs to file papers.

problem is working things out.

it doesn't matter who is 'in the wrong' at all.

his attorney would have advised him of all this.

Answer 10

UK when you have both signed them they go before the judge a week or so later....he issues a degree Nisei? and if nobody objects and all affairs are in order it becomes absolute 6 weeks and one day later another thing is you can go to the court house and fill in the form,pay them some money which includes everything for doing the divorce,they send form to partner for her to agree and sign then to the judge.....even if he/she does not agree to it as long as you are outside the minimum marriage time it will go through but only when financial things are sorted and child custody.kids under 18 (uk)



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Answer 11

Were they married in Missouri? .. if so you need to check with that states laws, each state is different. I know in North Carolina if your spouse is cheating, you can have a marriage terminated on those grounds... and they can't contest it.. its like an adultry law.. I googled it and found this site.. Sorry about everything thats happenin with your sister and especially the Soldier.. Good luck

Answer 12

I'm not sure,

To be honest I think it would be better to ask a lawyer than the yahoo answers community.

Answer 13

He needs to be talking to his provost general on base.



Basically he has to sue for divorce in court. He needs to gather all the evidence he can of her infidelity. No court will deny him a divorce based on the facts you present, but they have to be provable facts.

Answer 14

He does not need her signiture. She can either sign and get it over with or the courts will end it for her. If you want to help take pics or her and her new bf and send them to him they will get her for adulty and that little bill she has will be the least of her worrys.

Answer 15

Ya cant force her to sign, that is what court is for! So tell him to call the attorney and get things moving!!



Good luck to him!

Answer 16

Your stuck with him 4 eva