Q: husband refusing to sign divorce papers after being separated for three years.
hes refusing to sign, there is no custoday order. hes been an inmate in jail for three years and still is. he filed to have assets gone thru. we have none. my sttorney quit on me because i dont have money to hire the court person to go thru assests. what happens if my husband and i dont do anything further. wll my case get thrown out and will i remain married!?
A: It depends. Sometimes the counties will go through old files that have been inactive for a long time and send a notice that the cases are being terminated. If your lawyer hasn't actually officially withdrawn from the case, though, the notice will likely go to that office instead of you. Check with your local legal assistance office. They may not be able to handle your case but they often have workshops for people trying to get through these on their own. You do't need your husband's consent for the divorce anymore. but since he's raised the issue of property division you need to have that disposed of. You might be able to file for what is called in forma pauperis since you say you don't have the money to pay for the "court person". Maybe the fee can be waived. Honestly the best thing for you to do is to see if you can find an attorney to represent you, maybe for a reduced fee or by putting you on a payment plan.
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