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  Posted to group - What do i do now    <<Previous    Next>>

signing Divorce papers

do we both need to sign the divorce papers to make our divorce legal

by ssag    2 Posts   
Posted on 5/14/2008 8:58 PM    
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Answers for "signing Divorce papers"  (3) (You must be logged in to answer)




Ssag, I'm a US attorney.

 

It will depend on what form of service of process is authorized in California in terms of whether you can get a "default divorce" (Meaning he doesn't have to sign anything).  In certain instances, like when your spouse has moved out of state, service by certified or registered mail MAY be permitted.  However, it's not guaranteed.  Typically, personal servie by the county sheriff or a special process server is required for legal service to start the "clock running."

Even after you get a "default" judgment, you will also need to check about how long your ex can challenge the judgment.  Many states will allow them to come back and try to "un-do" the judgment on grounds of mistake, lack of notice, etc.  Then, you're basically back to square one.

 

In short, a simple default divorce is many times not so simple.  I hope it is for you, though. Good luck :)

by justokguy   145 Posts
Posted on 5/15/2008 2:10 PM
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Thank you for answering my question. I'm In california, he's in ohio. Others have told me that as long as one of us signs them and the court has that signature then 30-60 days after that, i will be legally DIVORCED. 
  I will wait and see. I am giving him until 6-1-2008 to return his signed, dated & notorized copy to me . If he doesn't, then on 6-5-2008 i will go back to court with the Postal Reciept (showing that he received them) and ask the judge to grant this divorce.
by ssag   2 Posts
Posted on 5/15/2008 12:28 AM
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Yes you do.
Did you file the divorce your self or did you go thru lawyers..
If you had them filed then after your ex signs them infront of who ever served them to him/her then you  and the person who served them need to have them signed infront of a wittnes (JP) and then send them off to the Family Law Courts (if in Australia).
After all this is done from the date on the papers you will be divorced exactly 1 month and 1 day after that.
Good Luck.
by ABC   7 Posts
Posted on 5/14/2008 10:07 PM
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