Sunday, August 22, 2010

How to get a divorce if spouse wont sign?

I'm in the state of Florida and i'm trying to get a divorce, i have a daughter involved as well. My husband refuses to sign, and neither of us have jobs. I heard that i can file it without his signature but what am i supposed to put in regards to the child support questions and custody if there is no agreement? What do i do?How to get a divorce if spouse wont sign?
%26gt;Florida is a purely ';no-fault'; divorce state. you don't need him to agree. file your papers. child support and custody are an issue that is addressed in the court case.How to get a divorce if spouse wont sign?
Signature by the spouse only makes court easier as it shows agreement to the terms. But the terms still have to be ruled upon in court. Without a signature, it still goes to court, but then the court decides the 'agreement'. The court will also decide custody and establish a minimum child support amount based upon information demanded by the court.





What you put in the form is the information YOU want to see decided by the court. You may get them, you may not, but at least the court will know where you stand.
In your petition, request the visitation/custody/support that you wish. Note that you are both unemployed, but request that support be addressed again by the Court at such time as he gains employment. You can find sample Petitions on line. You will have to pay a filing fee and a fee to have a local law enforcement agency serve him. Some times local law schools can provide help w/papers, etc. at a reduced fee.
You do not require your husband's signature to sue him for divorce. Consult an attorney, file your Complaint for Divorce, and wait for him to respond. If he doesn't, then you can proceed against him by Default. Good luck!
You don't need him to sign anything. You go to court, complete the filing paperwork, then have your husband served. It's just like any other lawsuit. But, if he's not cooperative, then you may need to get an attorney to represent you.

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