Won't sign the papers.

What is the name of your state? Illinois

I have filed a no fault divorce 15 months ago. My husband is in prison for rape and will be for the next 47 years. He will not sign the divorce papers. On April 25th we will be separated for 2 years. Do I have to file for mental cruelty to get a divorce and pay more, or at the end of our 2 year separation will the divorce go through without him signing the papers? I am at a loss and feel my attorney doesn't know either.

I'm amazed that your attorney is "at a loss"

Should be a no brainer - either wait until April and file "no fault" which your soon-to-be-ex can't stop or file for a "fault" divorce based on his felony conviction. If it were me I'd wait a few months longer and get the "no fault" and potentially save a few bucks. Most if not all states allow for a "no fault" divorce of a spouse with a felony conviction. The length of their sentence varies for a "no fault".

http://divorcenet.com/il/ilfaq-04.html
http://www.divorcesource.com/info/divorcelaws/illinois.shtml

Good Luck

I'm sorry...

just read your post again. I'd just wait until you pass the two year separation point, then your attorney can probably get a "default judgment". Since your husband is in the "Big House" (it must be a nightmare for you, I'm sorry if my first post came off so uncaring) for such a long time, I'm sure he won't be able to put up many objections. As I said before, he can't fight a "no fault". Please do not let your lawyer talk you into spending more money on a "fault" divorce.

Hugs to you.

Thank you

Cyana,

Thank you for your post. I am going to wait until the 2 year separation is over. I thought maybe my attorney was just trying to get more $$ out of me and I think that may be the case. I will not file for a fault divorce and wait it out. I hate to change attorney's now and will keep him.

Thanks again.
Tamerla

Good luck to YOU!