Legal Question in Family Law in Indiana

uncontested or contested?

I filed for divorce (through a lawyer) and it was supposed to be a simple uncontested divorce. Papers were sent to my husband to be signed, which he says he did say and send back. The lawyer says he did not and resent the papers. Once again my husband sahys they were signed, the lawyer says no. Do I now have to file as a contested divorce? Does my husband actually have to sign these papers? I would think that his inaction would mean the divorce would be uncontested?


Asked on 8/07/01, 10:32 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: uncontested or contested?

Your attorney will most likely need to ask the court to set it for a final hearing.

That will give your husband a deadline to work under. If he still balks at signing the papers before the hearing, then you'll both have to go to a hearing and the judge will spell out the terms.

He can stall the divorce but not prevent it.

Have your lawyer ask for him to pay your attorney fees.

Hope this helps!

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Answered on 8/08/01, 5:43 pm


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