Was Married in TN, Im Livin in VA Now, Gettin Divorced, Husband Refuses to Sign Papers What Do I Do?

Question by princess2010: Was married in TN, im livin in VA now, gettin divorced, husband refuses to sign papers what do I do?
Ok I got married Jan 09,, got seperated two weeks before thanksgiving. I am filing for divorce but my husband says he refuses to sign the papers at all even if i give him what he wants which is to give up my son to him,, and still pay child support. Even when I told him I wasnt going to make him pay alomony, cause I know hes havin a hard time. He abused me threatened to kill me the whole nine yards, the cops wouldnt do nothing so I moved out of state, and am filing for divorce now that I got the money for the papers. He just simply wont sign hes that stubborn and ignorant he just wants to make it so ill be stuck with his last name and never be able to remarry. Does anyone know TN law when it comes the the spouse refusing to sign the papers. Is there a such thing as he has so many days once being served with the papers to either sign or give the court an answer.. and if he does nothing I can go to the court and file for default and certification. Which then the judge will grant the divorce and its over. THeres got to be around it, you cant force someone to sign the papers. if anyone knows pls tell me how,, THanks im desperate.

Best answer:

Answer by Blue Foots™
The judge will force a divorce eventually without him.
Tell your lawyer and they will know what to do.

What do you think? Answer below!



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3 Responses to Was Married in TN, Im Livin in VA Now, Gettin Divorced, Husband Refuses to Sign Papers What Do I Do?

  • daughter_of_God says:

    Your husband cannot prevent you from getting a divorce. All he can do is delay it. And definitely don’t give him any more concessions (especially either custody of your son or child support although by the way, you aren’t eligible for alimony as you weren’t married long enough). Hire a lawyer and let the lawyer handle it. And yes, when a divorce is nasty, contested, or one party refuses to sign, you do need a lawyer! Eventually, the judge will order the divorce to be made final or he will threaten to put your husband in contempt if he continues to refuse to sign. Either way, you will get your divorce. But things will go easier if you get that lawyer!

  • Mags says:

    First of all, if you are a bit more patient and do not file for divorce until you have been a resident for at least one year, you could file in Virginia rather than Tennessee. That may sound like a long time but since you do not want alimony and just to be safe from him, it may be the easiest thing to do.

    Please see the link below and scroll down. You need to get all of your paperwork in order and set aside the various filing fees.
    Just make sure that you have all the early documentation to establish Thanksgiving time as the beginning of your residency.

    The problem is that he could file in Tennessee on the grounds of desertion unless you can establish the cruelty. Can you get records of the police reports – you’ll need to remember the dates and make sure that you have certified copies of those reports. If you have witnesses, you may need affidavits from them unless they are willing to come to VA to testify.

    You may have a problem filing in Tennessee if you don’t file very soon. You only have 6 months to file if you have moved out of state and the clock has been ticking since before Thanksgiving.

    He has to be served notice, he does not have to sign papers but he would have to sign for certified mail service. If you have already done this because when you file with the Court in Tennessee, you can also pay for legal service which can be mail or bailiff or sheriff’s deputy (I’m not sure which), and there has been no service, you can file notice in a legal publication. Possibly more than one publication. Once you can establish proof of legal notice through publication, the case can proceed.

    Are the two of you legally separated? You might also need to do this because you are the party that left the marriage. You need to do everything to protect both yourself and the best interests of your son.

    If you don’t have a good divorce attorney, you are going to have to do a lot of legwork and do it fast if you are filing in TN. Just make a check list.

    Don’t forget, here we only hear your side, he too has legal rights and the court will not just hear one side unless he has been legally served by the methods prescribed by law.

    In your situation, give serious thought to getting an attorney who will stay on top of every step.

    Addendum: File in Tennessee, pay the fees for service. Publish when their isn’t legal service so that the case won’t be thrown out for lack of service.
    I know this is difficult but the information from Tennessee will allow you to go through this step by step as long as you pay the fees along the way.
    Keep your case as simple as possible: domestic abuse may be enough. Hold the drug abuse in reserve.
    I’m sorry that your child has so stay behind because of medical problems. I hope you will be able to adjust that in the future with new medical coverage

  • Margaret Cox says:

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