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Old 01-03-2005, 10:28 AM
alnw1123
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Default PLEASE HELP! Respondent is now refusing to sign the final papers

I need help fast. the man that im planning on spending the rest of my life with filed for a divorce months ago. His ex signed the waver of service and said she would sign the final papers as well. NOW the court date is in the morning to have the divorce finalized and she still hasnt signed the papers. She has lost both copies hes given her and now refuses to sign. She said she dosent want the divorce. They have been seperated for over a year. She cheated on him with another man and left him for that other guy. Now her and her boyfriend have broken up and my boyfriend has already moved on with his life. Were starting a family and looking tword the future. Anyway my question is what do we do now?. does he go to the court date tomorrow? what does he say? what can be done? how can we get the divorce finalized soon? please help soon! thanks
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Old 01-03-2005, 10:13 PM
kanden
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Default RE: PLEASE HELP! Respondent is now refusing to sign the final papers

My ex-husband also signed a waiver of service and did not show up at the final hearing. Since we were able to prove that he was aware of the court date (he was sent a both a certified letter with return receipt requested and a letter via regular mail - this is standard procedure for most law offices so your boyfriend's attorney should be able to prove this as well.) the Judge granted the divorce by default. Basically since he didn't show up even though he was aware of where to go and when I was granted the divorce on the terms that had been laid out in decree: My terms. After all he wasn't there to dispute them. I'm not saying the judge in your boyfriend's case will do the same thing but there's a good chance the judge will grant your boyfriend the divorce or the judge will reset the date. I do know that the absolute worst thing your boyfriend can do is to not show up. If he doesn't the case may very well be dismissed altogether and that would mean your boyfriend would have to go through the process of refiling the divorce petition and you know if he has to do that his wife won't sign the waiver this time AND it will costs loads more money. So regarless of whether or not the wife is going to be there MAKE SURE your boyfriend IS there ON TIME (and with his attorney unless of course he filed on his own).
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