I want to divorce my husband but he will not sign papers or leave property.

UPDATED: Sep 30, 2022

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I want to divorce my husband but he will not sign papers or leave property.

I have tried twice to get him to sign
papers I had printed and filled out and
he will not . He also will not leave
the property . The property is in my
grandparents name, as who we live
with.however the address is on his
license. We share no assets , only a 2
year old child. I don’t know what to do
or where to start .
I live in Kentucky, Louisville is my

Asked on August 8, 2017 under Family Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, until you have a final decree of divorce or have entered into a formal separation agreement, the house remains the "joint marital residence". This means that you both have the right to occupy the premises, no matter whose name that the deed is in. Accordingly, your husband need not leave. As for his not signing the divorce papers, there you do have a legal remedy. You can file, as the "petitioner", and serve your husband a copy of the "compaint" (basically the petition for divorce). As a general rule, the "repondent" (i.e. non-filing spouse) about has about 30-60 days to file their "answer". If they fail to do so within the timeframe specified, then the petitioner can file a request to enter a "divorce by default" (although the respondent will be given a certain time in which they can appeal the decision). At this point, you may want o consult with a divorce attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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