What is the next legal step?

[trou123]

What is the name of your state?What is the name of your state? Washington

My fiance has just found out that his divorce has not been final. He recieved divorce papers from his wife back in 2001, which he signed and sent back right away. He never recieved his final papers. We then went online to Michigan State Vital records and discovered that his wife's case had been dismissed. He has file for divorce and sent his papers to the wife. She first called to say that she recieved the papers but, it was not necessary for him to file because she had already uptained her divorce. Then she called back and said that she had filed but changed her mind and did not go through with it. He asked her to sign his papers and return them, and that's when it happened. She became very angry and stated that she through his papers in the trash and that she is not signing anything. They don't have any property to split and there are no children involved. Since she is in another State ...what is the next legal step? Even thow she has acknowledged that she has recieved the papers...does he need to have her served? Or should he place a legal notice in the Chicago news paper? Either way we want this settled once and for all. The court date is not until July 29, 2005 so we have time.

 

[LdiJ]

What is the name of your state?What is the name of your state? Washington

My fiance has just found out that his divorce has not been final. He recieved divorce papers from his wife back in 2001, which he signed and sent back right away. He never recieved his final papers. We then went online to Michigan State Vital records and discovered that his wife's case had been dismissed. He has file for divorce and sent his papers to the wife. She first called to say that she recieved the papers but, it was not necessary for him to file because she had already uptained her divorce. Then she called back and said that she had filed but changed her mind and did not go through with it. He asked her to sign his papers and return them, and that's when it happened. She became very angry and stated that she through his papers in the trash and that she is not signing anything. They don't have any property to split and there are no children involved. Since she is in another State ...what is the next legal step? Even thow she has acknowledged that she has recieved the papers...does he need to have her served? Or should he place a legal notice in the Chicago news paper? Either way we want this settled once and for all. The court date is not until July 29, 2005 so we have time.

How were the papers sent the first time? It would seem to me that she has been served already...however it would probably be wisest to get a consult with a local attorney.

Since there are no children and no property to split why is she refusing to sign?

 

[trou123]

Who know's

Who knows why she is resisting! When he first filed his papers the Clerk told him not to send them certified....which didn't make since to me. However she did recieve them and acknowledge reciept. I know that we need some type of legal verification that she got these papers. Our concern is now that she knows whats going on ....she will refuse service of any kind. She has given no valid reason for making this a difficult process!!! We don't want to talk with her anymore.....How can we prove that she got these papers? How can we make this happen ASAP! They have been living in different States for 8 years!!!

 

[LdiJ]

Who knows why she is resisting! When he first filed his papers the Clerk told him not to send them certified....which didn't make since to me. However she did recieve them and acknowledge reciept. I know that we need some type of legal verification that she got these papers. Our concern is now that she knows whats going on ....she will refuse service of any kind. She has given no valid reason for making this a difficult process!!! We don't want to talk with her anymore.....How can we prove that she got these papers? How can we make this happen ASAP! They have been living in different States for 8 years!!!

He really needs to get an attorney. It won't be as expensive as a lot of divorces since there is no property to divide or children to worry about. The attorney will ensure that the process goes smoothly and quickly.....and it would take away the stress factor.