my husband and i have filed for an uncontested divorce. we have 2 children, he is in the military, i have signed and filed the waiver, and he will be oversees for a year. he is counting on me to take care of all of this but i have found out that cause he is the petitioner he has to be the one to show up for the hearing. we already have the final divorce decree drawn up and signed. is there anyway i will be able to be there for it instead of him?
Answer
I really don't know whether you could show up for him.
There is a basic rule - if you plead it, you must prove it.
If I had to do this, I would go to the hearing, tell the judge that the petitioner was unavailable. I'd then present the judge the signed decree and explain that I was admitting that he the residence requirements had been satisfied, that the marriage was insupportable and that there was no hope of reconciliation.
If that did not work, then the simplest thing I can think of is for him to drop his case and for you to file for divorce. He does not have to show up in court to drop the case. You will then need to file as petitioner and he will need to sign a waiver, etc.
Answer
I handle these type of divorces VERY often. I am happy to give you advise by phone 512-827-7548 (free consultation). The answer is a little too complicated to just type out here.
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