divorce with out her signature

[carmencita]

What is the name of your state (only U.S. law)? pennsylvania
my boyfriend want to know how the divorce with out her signature works? they been separate for 3 and half years but in september of last year 2007 he went back with her shes being living in florida for the past 2 and half years with his daughters 12 years old n 19 years old..he is paying child support for the younger one ..last year me n him bought a house is under his name n my name..anyhow he came back to me 4 months ago and he file for divorce and she does not want to sign the papers because she want half of the house that we bought plus she wants his 401 k plan ....im confuse can he divorce her without her signature? if is possible for her to stay with half of the house how that works?....can somebody help me out......thankz:confused

[Farfalla]

Originally Posted by carmencita

What is the name of your state (only U.S. law)? pennsylvania
my boyfriend want to know how the divorce with out her signature works? they been separate for 3 and half years but in september of last year 2007 he went back with her shes being living in florida for the past 2 and half years with his daughters 12 years old n 19 years old..he is paying child support for the younger one ..last year me n him bought a house is under his name n my name..anyhow he came back to me 4 months ago and he file for divorce and she does not want to sign the papers because she want half of the house that we bought plus she wants his 401 k plan ....im confuse can he divorce her without her signature? if is possible for her to stay with half of the house how that works?....can somebody help me out......thankz:confused

I assume that while they have been separated there is not a LEGAL SEPARATION….
NO they have not been separated for 3 and a half years. He went back to her in 2007.

They have been separated for 4 months this time.

I don't think that anyone here is going to give you advise as to how to rip off his wife and get a sneaky divorce that she is not aware of.

Well we are country of laws. He is still married and hence the laws of marriage in the state(s) involved apply. He cannot get out of that nor can you help him defraud his wife… well you can try but come on.

He cannot get a divorce without going through the proper process with her. He knows where she. She AND he have every right to an equitable settlement in this divorce. He does not have the right to steal from her. Since he is concerned about her getting part of his equity in the house… sounds like he bought it with community funds… that means that they belonged her too. As for the 401K, yes she most likely has rights to a percentage of what was accrued in the account during their marriage. Let’s not forget that he choose to remain married to her all this time.

If he tries something sneaky to get a divorce she can come back and have it thrown out.
You made a mistake…. You have been having an affair and living with a married man. She’s still his wife and still has the rights of a wife. Then you further made the mistake of buying a house with that married man. The results of you tying up your finances with a married man is exactly what you see here. If your boyfriend does not have the assets outside the home to give her portion of his equity, the house will have to be sold or refinanced.

He can probably make some kind of deal with her. How much equity is in the house? How much money did he put down on the house? Does he have any other assets that he could give her in exchange for his part of the house?

[LdiJ]

Originally Posted by carmencita

What is the name of your state (only U.S. law)? pennsylvania
my boyfriend want to know how the divorce with out her signature works? they been separate for 3 and half years but in september of last year 2007 he went back with her shes being living in florida for the past 2 and half years with his daughters 12 years old n 19 years old..he is paying child support for the younger one ..last year me n him bought a house is under his name n my name..anyhow he came back to me 4 months ago and he file for divorce and she does not want to sign the papers because she want half of the house that we bought plus she wants his 401 k plan ....im confuse can he divorce her without her signature? if is possible for her to stay with half of the house how that works?....can somebody help me out......thankz:confused

His share of the house is a marital asset. His 401k is also a marital asset.

However, unless someone put down a big down payment on the house, it probably doesn't have any equity, and the equity is what is a marital asset.

He doesn't necessarily need her signature to get divorced, but the property issues are going to have to be addressed, one way or the other.

[carmencita]

Wow you guys are harsh, maybe you did'nt understand me I have not been having an affair with anyone's husband, He was separated from her for almost two years before I met him, and he had already filed for divorce, they served the papers but she ripped them up. I have done no wrong. It has been a very hard and difficult time for everyone but in my opinion you cant force anybody to be with anybody. If his decision was to stay with her then I would've accepted that but things did'nt work out that way he came back! I'm not asking anyone to judge me clearly you are not living in my shoes, all I ask is for your legal advice and your legal advice ONLY!!!!!

[Farfalla]

Originally Posted by carmencita

Wow you guys are harsh, maybe you did'nt understand me I have not been having an affair with anyone's husband, He was separated from her for almost two years before I met him, and he had already filed for divorce, they served the papers but she ripped them up. I have done no wrong.

No one is trying to be harsh. The idea is to point out to you the reality and legality of the situation.

I was not making a moral judgment… it’s a legal issue… he is married until the divorce is final. That is the law. So you are involved with a married man. Again the point is that he is still married in the eyes of the law trumps everything. For example if he died tomorrow with no will… she and the kids get everything. You get nothing from his estate. Even if he has a will giving you things, she and the children might still be entitled to some things.. and they might be able to challenge the will based on the nature of your relationship.
This is why its not a good idea to get too involved with a person until they resolve their marriage… it’s a legal issue. In some states she would also be able to sue you for your involvement with her husband. Have you ever read the laws in your state that apply to marriage and divorce, you might want to.

Originally Posted by carmencita

It has been a very hard and difficult time for everyone but in my opinion you cant force anybody to be with anybody.

No one here is suggesting that any be forced to be with a spouse they do not want to be with.

Originally Posted by carmencita

If his decision was to stay with her then I would've accepted that but things didn’t work out that way he came back! I'm not asking anyone to judge me clearly you are not living in my shoes, all I ask is for your legal advice and your legal advice ONLY!!!!!

It was legal advice… you are living with a married man and have purchased a house with a married man. You may have put your finances in some legal jeopardy by mixing them with the community property of a marriage. Again you missed the point.

His half of the home equity is community property. If there is no equity in the house she could ask for half of the money he put down… say he put down $20,000… she could ask for $10,000.

His 401K is also community property. He has to settle those and give her fair share to get a divorce.

And bottom line… he cannot sneak cannot sneak and get a divorce behind her back to try to keep her from getting a fair settlement. IF he does she can come back later and still claim her share.

[luvurself]

Originally Posted by carmencita

Wow you guys are harsh, maybe you did'nt understand me I have not been having an affair with anyone's husband, He was separated from her for almost two years before I met him, and he had already filed for divorce, they served the papers but she ripped them up. I have done no wrong. It has been a very hard and difficult time for everyone but in my opinion you cant force anybody to be with anybody. If his decision was to stay with her then I would've accepted that but things did'nt work out that way he came back! I'm not asking anyone to judge me clearly you are not living in my shoes, all I ask is for your legal advice and your legal advice ONLY!!!!!

No divorce = Married Man
It doesnt matter how long they have been separated, whether it's 2 or 10 years. They are still LEGALLY married, he is still her HUSBAND so THEREFORE you are having an affair with a MARRIED man. He's needs to proceed with the DIVORCE process and follow through.

[Farfalla]

Originally Posted by luvurself

No divorce = Married Man
It doesnt matter how long they have been separated, whether it's 2 or 10 years. They are still LEGALLY married, he is still her HUSBAND so THEREFORE you are having an affair with a MARRIED man. He's needs to proceed with the DIVORCE process and follow through.

Yep, some people don't get that... it's not a moral judgment... it's the law.

Bottom line is a person will get burned if they mix their assets with a married person who they are not married to.

My FIL walked out on my MIL 37 years ago. He entered into a bigamous marriage with another woman who he had been with for 34 years. Every time my MIL tried found him and tried to settle child support (they have 4 children) and property, he and his companion would disappear again. But this entire time they masqueraded as husband and wife.

He died this year. My MIL is still his wife. My husband opened probate and they my MIL and the children will not inherit the estate. The companion will get nothing. Marriage is valid until a legal divorce or annulment.

[Ohiogal]

Originally Posted by carmencita

What is the name of your state (only U.S. law)? pennsylvania
my boyfriend want to know how the divorce with out her signature works? they been separate for 3 and half years but in september of last year 2007 he went back with her shes being living in florida for the past 2 and half years with his daughters 12 years old n 19 years old..he is paying child support for the younger one ..last year me n him bought a house is under his name n my name..anyhow he came back to me 4 months ago and he file for divorce and she does not want to sign the papers because she want half of the house that we bought plus she wants his 401 k plan ....im confuse can he divorce her without her signature? if is possible for her to stay with half of the house how that works?....can somebody help me out......thankz:confused

She may be entitled to the ENTIRE portion of equity in the house that belongs to him or the entire downpayment he put down due to dissipation of assets. And she is entitled to half of his 401k that accrued during the marrige.