and we have a child together, He has moved out of the house and took all of his property, but he will not agree to sign divorce papers (for selfish reasons) The clerk told me that the parenting class in not required for our county. All the paper work is in order, and he was served his papers by a sheriff deputy. What do you think the judge will do. I pray that someone in Georgia that has been in a simular situation can aswer this question.Can the judge just throw my uncontested divorce case out just because my spouse won't sign?
I'm not sure about GA, but in AL once the papers are served your husband would have 30 days to respond. If he doesn't respond you can ask the judge to make a ruling (which they will almost always do) in your husbands absence. The only time they wouldn't do this is if your husband is in a coma or over seas or in the military or some other really extenuating circumstance justifies his lack of response. Usually the judge will then simply grant you whatever you petitioned for.Can the judge just throw my uncontested divorce case out just because my spouse won't sign?
By definition, uncontested means that both parties are in agreement. If you can't get one of the parties to sign, that would make it obvious they're not in agreement, hence it is no longer uncontested. You can still get a divorce, even without the other spouse's cooperation, but it will take longer. You really should talk to a lawyer.
he doesn't have to sign for you to get it, if he got served and he ignores it he would be the one losing everything, automtically you get divorce and even custody, that happened to my husband she didn't even bother showing up and she even lost her kids custody not visitation right no nothing and she has to pay child support.
he will be given a certain number of days to respond if he fails to they will set a court date for you. you will get your divorce they usually don't throw out cases just because a spouse won't sign.
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