[cuca6996]

Ok...

I have been separated from my spouse for over 3 nows.

I would like a divorce.

So...

I finally got the money and got myself a lawyer and I filed for an uncontested divorce.

The reason for uncontested divorce?

Because... I do not own any property with him or houses... I already have child support established and legal custody established.

I'm not sueing for anything. I just want it to be over and done with.

He is in jail right now. He was served with the papers and... he didn't sign.

My question is: "NOW WHAT"??

All my lawyer tells me is that we have to wait 20 days for him to respond. Then what?

[Fr_Chuck]

An uncontested divorce is one where both parties agree and both partiess will sign, you should have never ever paid an attorney to do all of this, unless you first talked to the soon to be ex to be sure they agree.

Now you have to file for a contested divorce, it is not the property to fight over that often is the issue, it is the pure issue of the divorce itself.

So now you will have to file for a contested divorce and present this to a judge to see if the judge will order the divorce

[maxwell69]

I am in not an attorny but I have been going through the same type of scinerio, my ex is not in jail he just decided to kind of "disappear" after we sepearated. You could file for a "default" divorce since you have been separated so long. I do not know what State you are in but here in PA if you send the paperwork certified return receipt "restricted delivery" and you can provide proof that he continues to refuse it from jail (copies of the certified mail receipts, and of course proof it was returned to you) the judge may still grant it. Especially since there are no assets involved and the custody has already been taken care of through the courts. I filed my own default divorce after being separated for 2 years, I did everything right filing EXCEPT I neglected to make sure the certified mail was RESTRICTED to his being the only one to sign for it, even though the paperwork came back unclaimed the judge sent a letter denying the divorce based ONLY on the fact that I served him the wrong way according to PA code. I was advised to serve him again at his LAST KNOWN ADDRESS, wait the 20 days he had by law to file a response and if there is no response or the mail comes back unclaimed or refused to file it with the court for the judge to finalize. (I have a PFA against my ex for 3 years as well,sometimes abuse would play a role in the judges decision). Good luck.

[maxwell69]

How long has he been in jail? How long is he serving? This too may play a role in a "default" divorce.