Divorce Problems

[MajSowell]

What is the name of your state? Texas
My cousin got amrried to someone that she met over the internet. He ended up coming down from Washington to live with her. Well, she noticed that he was on his cell phone a lot. Since she was paying the bill, she checked it. She found out that he was still married to what she thought was his ex-wife. Now, she kicked him out and he is back in WAshington. She sent him the divorce papers, but he refuses to sign them and get them returned to her so that they are no longer married. Is there anything legal that she can do. Please help.

 

[LdiJ]

What is the name of your state? Texas
My cousin got amrried to someone that she met over the internet. He ended up coming down from Washington to live with her. Well, she noticed that he was on his cell phone a lot. Since she was paying the bill, she checked it. She found out that he was still married to what she thought was his ex-wife. Now, she kicked him out and he is back in WAshington. She sent him the divorce papers, but he refuses to sign them and get them returned to her so that they are no longer married. Is there anything legal that she can do. Please help.

Yes, there are things that can be done...but she really needs an attorney to do them.

 

[MajSowell]

Yes, there are things that can be done...but she really needs an attorney to do them.

But what could she do. Her attorney seems like he is clueless. His wife (that she thought that he was divocred to) is also trying to get a divorce from hi, so soon, if he doesn't sign the papers, he will not be married illegally to her and then her claim will be denied or something. From what I understand now, if he signs the papers, returns them then as soon as she gets it to her attorney then the divroce is final. No waiting 90 days or whatever. But, if he doesn't then she does have to wait, and it will be more complicated.
What can she do?

 

[LdiJ]

But what could she do. Her attorney seems like he is clueless. His wife (that she thought that he was divocred to) is also trying to get a divorce from hi, so soon, if he doesn't sign the papers, he will not be married illegally to her and then her claim will be denied or something. From what I understand now, if he signs the papers, returns them then as soon as she gets it to her attorney then the divroce is final. No waiting 90 days or whatever. But, if he doesn't then she does have to wait, and it will be more complicated.
What can she do?

Their marriage will remain illegal even after he gets a divorce from his first wife. Him getting an after the fact divorce doesn't change the fact that he was married to someone else when the second marriage took place.

What she can do is consult with another attorney if she believes that hers isn't handling things properly. In this type of situation she certainly shouldn't need her husband's signature to get divorced.

 

[MajSowell]

In this type of situation she certainly shouldn't need her husband's signature to get divorced.

Then why does it matter that he won't sign it?

 

[LdiJ]

Then why does it matter that he won't sign it?

It shouldn't matter. Her attorney should be proceeding with the divorce without his signature. Is this perhaps an attorney who has cut rate prices and only handles non-contested divorces?

 

[MajSowell]

It shouldn't matter. Her attorney should be proceeding with the divorce without his signature. Is this perhaps an attorney who has cut rate prices and only handles non-contested divorces?

i don't know

 

[lynheart]

What is the name of your state? Texas
My cousin got amrried to someone that she met over the internet. He ended up coming down from Washington to live with her. Well, she noticed that he was on his cell phone a lot. Since she was paying the bill, she checked it. She found out that he was still married to what she thought was his ex-wife. Now, she kicked him out and he is back in WAshington. She sent him the divorce papers, but he refuses to sign them and get them returned to her so that they are no longer married. Is there anything legal that she can do. Please help.

if this guy was already married, then your cousin isn't legally married to him and there is no need for a divorce.

 

[LdiJ]

if this guy was already married, then your cousin isn't legally married to him and there is no need for a divorce.

Actually, even with bigamy you generally have to go through either an annulment or a divorce.