I'm in the process of a divorce. He says he will not sign the divorce decree because he doesn't believe in divorce. Can't the divorce go through even without his signature? If so, how do you handle child support, custody, alimony, who gets what assets and debts?

Thanks in advance for your answers.

I just had a default divorce. my lawyer said if he didn't show up in court for any of the mandated times- we could and did ask for whatever we wanted. the judge granted the request and disolved the marriage. I have 5 kids.

You can sue for divorce and get a judge to issue it like Blessed said. It can take a long time and get expensive if he fights it, especially if he knows how to work the system. You can also file for a legal seperation which helps delineate custody, visits, child support, etc. (of course you are still leaglly married). If you consult with a lawyer or call your county department of family services, they should be able to help you with the child support issue. Are you currently living in seperate households? That can be a whole nother issue. This is only pieces of the puzzle, there's a lot to it, but it was worth it to me in the long run. Good luck.

quote:

Originally posted by visitor:
[qb]I'm in the process of a divorce. He says he will not sign the divorce decree because he doesn't believe in divorce. Can't the divorce go through even without his signature? If so, how do you handle child support, custody, alimony, who gets what assets and debts?

Thanks in advance for your answers.[/qb]

Hi my name is Ann and I am wondering what your lawyer is not advising you on these matters. It is the attorney obligation to answer you questions, especially if they are on a retainer. I don�t suffer from such problems. I have Pre Paid legal.
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You don't have to wait for your spouse if you want a divorce. Anyone who wants a divorce can get one.

Just have lawyer file the paperwork and have him served. He has a statuory time to respond and if he doesn't respond, you can go on without him and get the divorce. Of course, a no-fault divorce is way easier than anything else, but if he won't agree to a divorce, just have a lawyer take over.

I just finalized my divorce this week without my ex being present. In my case, she signed a waiver stating she would not be present. So, I know there must be a way for you to get a default.

If the court date is set, and he doesn't show...he is out of luck.

I was able to ask for whatever I wanted. I am now a single father and very happy to have my son!

Good luck!