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View Full Version : Can I proceed with the divorce if he won't serve me the papers?


isitsoup
May 4, 2008, 06:29 AM
I have been separated from soon to be ex for over a year. He filed for divorce in January, but won't serve me the papers. I have tried to contact his attorney since I'm being served papers about division of assets. The only assests we have is the home we bought right before he left. I would like to offer him a deal to buy him out, but he won't talk to me and it's a very ugly situation. We have two children and are just not at the end of resolving our custody issue. I have accepted that he moved on with his life and I'm willing to go forward with the divorce, but not sure what to do since I don't have the money for a lawyer for my divorce and just want a no-fault divorce. His attorney won't speak to me about the matter even though I told the office I'm representing myself for the divorce. He also signed an agreement for 5 years to let me have the house and at the end of five years need to buy him out or sell it. I want this nightmare to end. He left me for someone else so I know he doesn't want me, why is he holding up the divorce?

twinkiedooter
May 4, 2008, 07:47 AM
Go to the Court house and see if this suit has even been filed yet. If the suit has been filed have the Clerk make you a copy of every single page in the court file. The other attorney won't talk to you as you are not an attorney and are representing yourself. He technically should talk to you only after you have been served with the suit. Maybe the suit has not been filed. Check it out for yourself. Don't believe anything the husband says about it being filed as they do fib.