Legal Question in Family Law in Kentucky
I want a divorce but spouse refuses to sign for one
I want to divorce my spouse but he says he will not sign the papers if i file for one. Can I do a manditory divorce even though we have kids and how would I go about doing it.
3 Answers from Attorneys
Re: I want a divorce but spouse refuses to sign for one
His permission is not required. The very fact that you cannot agree on a divorce is sufficient. Get local counsel.
Re: I want a divorce but spouse refuses to sign for one
The only thing your spouse absolutely must sign is the summons served by the sheriff, or the certified mail if he accepts service of the summons in this fashion. Since you have children, and if you are proceeding without an attorney, you need to review the child support tables and other laws find in Chapter 403, Ky. Revised Statutes.
Re: I want a divorce but spouse refuses to sign for one
In order to get a Decree of Dissolution of Marriage, it is not necessary for your spouse to sign. However, it is necessary that your spouse to be served. In the event your spouse tries to hide, he may be served constructively by Warning Order.
Since your spouse is being difficult, it might be in your best interests to contact an attorney. Especially if you have property and/or children. Legal Aid or your local legal services agency should be able to assist you in locating an attorney to assist you at a reduced fee or no fee.
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