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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (813) 592-5000
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
