Legal Question in Family Law in Alabama

What should I do if a mate will not sign a uncontested divorce papers? Since it is a uncontested divorce should I just send them through UPS or even certified mail so that I have a record of the papers being sent to the home?


Asked on 3/08/10, 6:05 am

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

DId you soon to be ex spouse sign a settlement agreement? Has he signed any papers at all? If he refuses to sign, then the divorce is not uncontested. If he simply refuses to participate you have to serve him (NOT through UPS) pursuant to Rule 4 of the Alabama Rules of Civil Procedure. After he is properly served, a court date will be set. If he simply does not show up (and you do) you will take a default judgment against him. If he has signed an agreement saying he will settle, but now refuses to sign other necessary documents, you will move the court to enforce the settlement agreement. It sounds like you are trying to do this yourself. You should be very careful here. Failing to serve him properly can result in your thinking you are divorced when you are not.

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Answered on 3/14/10, 10:02 am


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