Husband will not sign divorce papers

[Mindy1965]

My x-boyfriend and I were split up for some time and living apart from each other, although we lived separate we still talked with each other. We parted on good terms. I moved to south east Missouri and he stayed in St. Louis Missouri. I had a total hysterectomy and was on pain killers from the operation. They must have been some good drug's because two days after being released from the hospital he came down to visit me to see how I was doing and somehow we ended up getting married, which I never intended to do. We still lived separate for the next two months after that. I figure I was stuck with him so I tried to make the best of the situation and make the marriage work. I tried for 6 months to make it work and I couldn't. I moved out in Sept. Of 2000. I met a really fantastic man and we are living together. I have limited finances so I ordered the divorce kit and prepared the forms myself. I mailed them to him but he refused to sign them. He tells me he will never give me a divorce under any circumstance. We have no children together. We have no joint assets including bank accounts they have always remained separate. All I want is a divorce nothing else. Is there a way to end this marriage without having to go into debt. What options are there for me to get a divorce from him without his signature. Please help

 

[dorenephilpot]

I can answer only in terms of Indiana law. With that in mind:

He can't refuse a divorce. It may take longer, but you can divorce him without his "permission."

Go to the court where you originally filed the petition for dissolution and ask them to set a final hearing date. Then ask that he be served with the papers on the hearing date by sheriff's service.

If he does show up, the court can grant the divorce with you both there.

If he doesn't show up, he can be held in contempt of court and could be tossed in jail or fined.

Sounds like the guy is on a power trip. The court can put him firmly in his place.