Spouse won't sign papers

[isis297]

What is the name of your state? NY

What are the options when a spouse keeps getting divorce papers, will find one thing to say she wants changed, then doesn't sign and they expire? I believe this is the 3rd set now.

I thought default divorce might be an option but then realized by responding she wants one thing changed negates that.

Thank you.

 

[adjusterjack]

Motion to compel?

Ask your lawyer.

 

[zddoodah]

a spouse keeps getting divorce papers

What "divorce papers"? Getting them from whom?

Your post is incredibly vague. Perhaps some context?

Are you the petitioner in a divorce action? Has your spouse served and filed a responsive pleading? If so, you can't go by default.

What did you mean when you referred to the papers expiring?

Do you have a lawyer?

 

[Litigator22]

Motion to compel. (?)

Ask your lawyer. (?)

What lawyers do you suppose know of an ex parte means that allows a litigant to compel a reluctant opponent to accede to his or her demands for legal relief . . . "Team Trump?

 

[isis297]

I'm asking for a friend. He has actually had paperwork created by We the People. His wife let the first set expire after 120 days. She has the second set and said she wants him to cover co-pays. He already covers the insurance for their daughter and will continue to. Right now he still pays for her health insurance too since they are still married.

She refuses to answer him. He asks if she's signed the paperwork. She doesn't answer or says she hasn't had time.

They aren't going through the courts as of yet because neither can afford it so We the People drafted the paperwork and this second set was picked up a few weeks ago from the office. Communication is usually via text between them. They've already worked things out regarding the house, custody/ visitation, sharing costs for the child, etc. It doesn't make sense why she keeps dragging this on vs just signing the papers and making things final.

 

[zddoodah]

He has actually had paperwork created by We the People. His wife let the first set expire after 120 days.

I've been practicing law for over 20 years, and I've never heard of paperwork expiring. Maybe you don't know because it's not your case, but what does that mean?

Please also explain what paperwork/"divorce papers" you're talking about.

They aren't going through the courts

The only way to get a divorce is to go "through the courts," so I'm really not sure what's happening here.


I guess your friend wants an easy, painless divorce, but it doesn't look like his wife is willing to play ball. There's nothing he can do to force her to cooperate.

 

[not2cleverRed]

I'm asking for a friend. He has actually had paperwork created by We the People. His wife let the first set expire after 120 days. She has the second set and said she wants him to cover co-pays. He already covers the insurance for their daughter and will continue to. Right now he still pays for her health insurance too since they are still married.

She refuses to answer him. He asks if she's signed the paperwork. She doesn't answer or says she hasn't had time.

They aren't going through the courts as of yet because neither can afford it so We the People drafted the paperwork and this second set was picked up a few weeks ago from the office. Communication is usually via text between them. They've already worked things out regarding the house, custody/ visitation, sharing costs for the child, etc. It doesn't make sense why she keeps dragging this on vs just signing the papers and making things final.

Since she doesn't agree to the terms and won't sign, she is "contesting".

Your friend is facing the prospect of a contested divorce.

When mediation does not work, the only solution is to go to court and let a judge decide.

 

[Zigner]

Because your friend (obviously) can't do this by himself, he should speak to an attorney.

 

[isis297]

I've been practicing law for over 20 years, and I've never heard of paperwork expiring. Maybe you don't know because it's not your case, but what does that mean?

Please also explain what paperwork/"divorce papers" you're talking about.




The only way to get a divorce is to go "through the courts," so I'm really not sure what's happening here.


I guess your friend wants an easy, painless divorce, but it doesn't look like his wife is willing to play ball. There's nothing he can do to force her to cooperate.

This is my second friend going through a divorce who was told they had 120 days from the time the papers are picked up to sign. The wife in this case didn't sign them within the first 120 days. The divorce agreement was reissued and she got them a few weeks ago. She still isn't signing saying she hasn't had time.

 

[isis297]

Since she doesn't agree to the terms and won't sign, she is "contesting".

Your friend is facing the prospect of a contested divorce.

When mediation does not work, the only solution is to go to court and let a judge decide.

That's the confusing part. They have been figuring things out and he's pretty much giving her whatever she wants including 3 years to buy him out of their house. She cheated on him and he just wants the marriage to be dissolved. They split everything about their daughter except health insurance which he pays for. She just won't sign the papers to make the divorce final.

 

[Zigner]

That's the confusing part. They have been figuring things out and he's pretty much giving her whatever she wants including 3 years to buy him out of their house. She cheated on him and he just wants the marriage to be dissolved. They split everything about their daughter except health insurance which he pays for. She just won't sign the papers to make the divorce final.

She doesn't need to sign anything in a contested divorce. Your friend should speak to an attorney.

 

[zddoodah]

This is my second friend going through a divorce who was told they had 120 days from the time the papers are picked up to sign. The wife in this case didn't sign them within the first 120 days.

I'm guessing you don't know what it means for the papers to "expire" and don't know what the papers are, so I'll stop asking.

She just won't sign the papers to make the divorce final.

Maybe she doesn't really want to get divorced.

Regardless, if she won't do this the easy way, your friend can either hire a lawyer or try and figure out himself how to get it done.

 

[isis297]

I'm guessing you don't know what it means for the papers to "expire" and don't know what the papers are, so I'll stop asking.




Maybe she doesn't really want to get divorced.

Regardless, if she won't do this the easy way, your friend can either hire a lawyer or try and figure out himself how to get it done.

Thought I answered your questions. With the signing of the divorce decree they would no longer be married. It's my understanding the index number is what expires, but you're right. I don't know exactly.

What I do know is, this woman cheated on him and moved the guy in for a bit right after he moved out. I guess it didn't last as he's no longer there. The husband has since moved on and has been in another relationship for just over a year. They've been apart for almost 2 years. I will advise him to seek counsel and go through the courts as it's sad she won't just sign when she made her choices and he's being beyond fair.

 

[Zigner]

Thought I answered your questions. With the signing of the divorce decree they would no longer be married. It's my understanding the index number is what expires, but you're right. I don't know exactly.

What I do know is, this woman cheated on him and moved the guy in for a bit right after he moved out. I guess it didn't last as he's no longer there. The husband has since moved on and has been in another relationship for just over a year. They've been apart for almost 2 years. I will advise him to seek counsel and go through the courts as it's sad she won't just sign when she made her choices and he's being beyond fair.

As you've been told, ALL divorces must "go through the courts" at some point. You are wise to advise him to seek legal counsel. If he would like to log on and ask his own questions, we may be able to provide more assistance to him directly, as he hs knowledge and information that you simply aren't privy to. Thank you.

 

[Litigator22]

I'm asking for a friend.

If so, then why all the first-person twaddle: " I believe this . . . " "I thought this . . . but then . . . "? (As if we've never been handed that feeble, evasive ploy).

Also bemusing is that within two hours and eleven minutes you - the "John Alden" in this episode - were conveniently able to add significant background details related to the domestic squabble. Are you two joined at the hip or what?