La Junta, CO asked in Child Custody and Divorce for Colorado

Q: I filed for divorce and my husband is dodging the servers and says he will refuse to sign paperwork, what will happen?

We have one child and I have always been the primary caregiver, I have had only 2 jobs in our 6 year marriage, and he has had countless because he just quits jobs all the time. He refused to share responsibility of bills and the house and with our child, which is part of the reason why I filed for divorce. He has also been physically abusive to me many times, and has been unfaithful several times as well, and has recently given me an STI because of his infidelity (I didn't know about the infidelity until I went to my Dr's for issues that came up suddenly). He is avoiding being served (he lives in a different town than I) and says he will refuse to sign paperwork, and I'm almost 100% sure he won't show up for any court dates because he lost his car recently (no idea why). Will this be dragged out or will it go 'uncontested' since I am able to prove I have a stable job and have been the sole caregiver of our child since he was born? I have no money for an attorney so that's not an option

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: You need to get him served. Try using the county Sheriff. If you are using the sheriff, try a private process server. Sometimes they are more resourceful than the sheriff. Once you get him served, the process will proceed even without his cooperation. It will not be uncontested unless you and he reach an agreement on all the issues involved: custody, support, property and debt division.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: He has to be served. Once served you don't need him to sign anything and if he doesn't show up for court you can ultimately get the orders you want without a fight. You can file a motion asking the court to allow you to serve him by publishing notice in a local paper. However, for the court to enter financial orders he has to actually be served. Additionally, you might try a private process server.

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