Can my brother get his divorce finalized even if his wife does not want to sign?

04/28/2009 - Divorce - State: ALL #16320

Full Question:

My brother wants to file for a divorce from his wife. They were married for about 3 years and have 2 young children. She is a meth abuser and very abusive mentally. She is refusing to sign anything. My brother has tried to have her served w/the divorce papers but she refuses to answer the door and accept them. If she will not sign the papers, then is it true that she can stop the divorce? Meanwhile, she is living in their house, refuses to get a job, while my brother and their children are living with my parents. He doesnt want to lose his house so he keeps paying the mortgage and all utilites. She doesnt contribute anything. Can he kick her out? If not,then can he just stop paying the utilities without getting in trouble? Its really getting to be a financial burden on him and my parents. She has failed all her drug tests order by the court, they were all 'diluted' & she confessed to a friend that she is still using drugs.

Answer:

It is possible to get alternative or substituted service, such as service by publication. I suggest calling the clerk of courts, as rules for substitute service vary by court. Many courts allow a party to get a default divorce decree when the other party fails to appear. A spouse generally may not be removed from the marital residence unless there is a court order giving possession to the other spouse pending the division of property in the final divorce decree or a restraining order.

Please see the information at the following links:

http://definitions.uslegal.com/s/substituted-service/
http://definitions.uslegal.com/d/divorce-by-publication/
http://definitions.uslegal.com/c/civil-procedure-default/

04/28/2009 - Category: Divorce - State: ALL #16320

See more Questions in the Divorce Category