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I'm about to file for divorce from my wife, she just told me that she will not sign the papers. What do I do?
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I'm about to file for divorce from my wife, she just told me that she will not sign the papers. What do I do?

We have been married for only 8mths and have no kids, no debt together, we both work and we live in MY apartment that has my name on the lease. I know that I can still file, but if she does or does not sign the papers, can I legaly ask her to move out? The apartment is mine. I thought about putting her on the lease and giving her the apartment and moving to another one. What can I do?


    




2009-04-16 23:49:06 +0000
File the papers and give her an eviction notice (approved by your attorney). She has 30 days to leave and since you have no children or many assets a divorce should be somewhat simple. You can divorce her w/o her signing the papers. It may take longer, but she can't force you to stay with her.


2009-04-16 23:47:48 +0000
Why don't you try counseling...divorce is such an ugly thing although I am sure you have your reasons.


2009-04-16 23:51:21 +0000
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Get a lawyer asap a divorce in that situation can get messey u need to kno the right steps or u could get sued over even the smallest mistake


2009-04-20 22:44:23 +0000
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If you can put her name on the lease without hurting your own credit, I think that would be a good idea. If not just stay until your lease is up then go ahead and move out anyway. Don't let her know where you are moving. How long is the lease for? If not but for one year you don't have long to live there. Maybe you could find someway to spend some of your time away from the apt. Like weekend trips or overnights at a friends apt. to take some of the pressure off. When you two get separated, if she still won't sign the divorcee papers; give it some time and wait her out. She will meet someone else and want the divorce herself. Then let her get the divorce and save yourself the expense.


2009-04-17 18:43:46 +0000
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Legally, the apartment is both of yours. It became marital property when you married, whether her name is on the lease or not.
You can ask her to move out but she has just as much right to it as you....I know, it stinks.
If she refuses to sign the papers that's considered a contested divorce. The only way to get a contested divorce final is by using a lawyer. I suggest you either try to reason with her to make it uncontested (then you can do it yourself) or start looking for a lawyer. She won't move until she legally has to.


2009-04-16 23:50:53 +0000
Sounds to me she is just angry, that is a automatic reaction when your told something like that. Just give her time she will come around and do the right thing. As for the apartment, I would give it to her and just move on. That is just a woman thing, reacting with emotion and it makes more problems in the end. If I were her I would sign and run.


2009-04-17 00:02:42 +0000
Get a lawyer and go ahead and get your divorce. She cannot stop you from getting one so go ahead. Tell her that she needs to move out of your apartment and be prepared for a battle when the time comes.


2009-04-16 23:51:48 +0000
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Contact Legal Aid in your area. They will be able to discuss annulment with you.


2009-04-16 23:51:16 +0000
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File the papers and she has a certain amount of time to sign them after she is served. If she does not sign them you will go to the magistrate by yourself and so on. Look into the regulations in your state and yes you have every right to have her move out if she is not on the lease and you have filed for divorce.


2009-04-16 23:48:42 +0000
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It don't matter if she don't want to the court will make her sign it weather she likes it or not. Just file and let it flow. She needs to get out of YOUR appartment since it's in your name. Don't leave - make her leave and if she don't call the police and they will escort her. Then go on with the divorce.


2009-04-16 23:51:59 +0000
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What a bytch......... I think you should file regardless of what she says, and when she's served with papers then you can tell her to pick her stuff and leave. If she still refuses... it's YOUR apartment, and you can stop being civil after her refusal to leave: THROW HER THINGS OUT.


2009-04-16 23:50:02 +0000
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do not give her the apartment. hello it is yours. ask her to move out and if she wont then i suggest you get a lawyer and enforce that she move out. and then you lawyer can deal with her signing the papers.

be careful if she has been paying for your apartment(mortgage or rent).

good luck.
divorces can be nasty and dirty


2009-04-17 00:00:35 +0000
Well, let's see. First off, she does not "need" to sign anything. Usually what she would sign would be the divorce decree. Depending on your state, you may be able to file a divorce on a "no-fault" basis which basically means you just don't want to be married anymore.

Second, since she is your WIFE it makes no difference that the apartment is in your name unless you had the apartment BEFORE you got married. It makes no difference if her name is on the lease or not as well. You can file for a pro-se divorce or a divorce without an attorney. You can go to http://www.mydivorceusa.com and download free divorce forms and instructions for your state.

Hope this helps.

-Mike


2009-04-16 23:50:55 +0000
that means that deep in her heart she still loves you. Only 8 months?
give it time. you think all marriages are roads covered with rose peddles?
This is "for worst " moment in your agreement. Go to a marriage counselor.


2009-04-16 23:55:47 +0000
did you try working it out does she have a place to go does she have money you need to really think about it


2009-04-17 00:07:26 +0000
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Hey buddy. You are MARRIED, and marriage is a partnership. So there's no such thing as "MY apartment", it's now "OUR'S", so no you can't legally ask her to move out until you two are no longer married.

Putting her on the lease and moving to another one might be your only choice if she refuses to move out. It might also appear as a kind gesture to her, and help you get the rest of your divorce with her settled easier.

Your wife said that she won't sign the divorce papers. That means that (at least for now) she is going to contest a divorce from you.
It either means that she wants to stay married to you, and try to work out your differences with her, or she wants to really run you through the wringer. Staying married is tough. Especially if you go into it with a "this stuff is mine, and that stuff is yours" attitude. If you don't lose that mindset, this divorce won't be your last.
If you've only been married for 8 months then I suggest that you try to learn how to make this marriage work before you run off and try another, and if you haven't had kids yet then all the better. It will give you far less to fight over if you two still decide to get a divorce.


2009-04-16 23:53:48 +0000
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Sorry about the divorce but no you can't boot her out your married.
So why don't you move on out instead of her and get your self a lawyer beside it's free for the 1st half hour to talk to them about the situation.





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