If my husband filed for a divorce over a year ago but refuses to send me papers, can I file?

UPDATED: Dec 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband filed for a divorce over a year ago but refuses to send me papers, can I file?

He sent me papers over a year ago but changed his mind and told me to rip them up. At the time I didn’t want the divorce so I did and now he refuses to send me another copy. I tried to contact his lawyer for another copy but he could not send them without my husbands permission and could not give me any advice because he represents my husband. What can I do?

Asked on December 27, 2011 under Family Law, Missouri


Howard Pobiner / Howard J. Pobiner, Esq.

Answered 11 years ago | Contributor

Yes you can.  There will be a filing fee for a separate action. You can also go to the Courthouse and check to see if he filed the papers against you that he served.  He was supposed to file first and then serve you, but if the papers you received do not have an index number on them, he may not have proceeded against you correctly. If the originals are there, you may be able to serve an answer and counterclaim. If he served you before last October, he may want to start a new action to use the new ground for divorce and take advantage of the statutes that were passed at the same time having to do with counsel fees and support.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption