[FL] My wife signed for me on our divorce papers, what do I do?
My wife filed for divorce and signed my name in the filings, and it’s held up in court because of it.
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Solved
I completely understand that you just want to get this resolved without unnecessary conflict or delays, and I truly empathize with how awkward it must feel to have trouble communicating with your spouse about the paperwork.
Here’s a clear, step-by-step approach you can follow to move this along and protect yourself:
Get a Copy of the Case File
Since you don’t know exactly what document she signed for you, it is very important to see it yourself. You can call or visit the clerk of the court where she filed (in Florida). If you are unable to reach the case manager, you can still go in person to the clerk’s office and ask to view or purchase a copy of the full court file. If you can’t travel to Florida, ask the clerk how you can request copies by mail or online.
Decide Whether You Want to Object to the Signature
If the document was something routine (like an acknowledgment of receipt of papers), you may not need to do anything if you are comfortable proceeding. If it was something more serious (like waiving rights or agreeing to specific property division terms), you should be cautious.
Submit a Statement to Clarify Your Position
Even if you don’t object to the divorce itself, you can file a simple statement with the court to say you didn’t personally sign that one document but you do consent to the divorce going forward. This protects you in case there is ever a dispute about whether you agreed to all terms knowingly.
Go to the Court in Person (if feasible)
Since you’ve struggled to get the case manager on the phone and your wife isn’t talking with you, going to the clerk’s office in person may be the most efficient way to resolve this. Explain you just want to finalize the divorce properly and ask for guidance on any forms you may need to re-sign or amend.
Address the Car Issue Separately
Because the car is in your name and you still owe on the loan, you have the right to recover it. You can consider sending her a written demand (certified mail) to return the vehicle by a specific date. If she refuses, you may need to file a civil replevin action (a lawsuit to recover property) in the county where she has the car. Be prepared to show proof that the car is titled and financed in your name.
Consider Consulting a Family Law Attorney Licensed in Florida
Even if you don’t want a lawyer to take over everything, a short consultation will help you confirm exactly which documents need correcting. You can search for local attorneys at www.avvo.com.
I completely respect that you want this to be over quickly. Taking these steps will help you finalize your divorce correctly and avoid future problems with the court or your car loan.
Does this answer your question and do you understand the answer completely? Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
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Full Conversation
My wife filed for divorce and signed my name in the filings, and it’s held up in court because of it.
Lexi, Chatbot
I'm sorry to hear about the difficulties you're facing with your divorce proceedings. Can you tell me if you have already responded to the divorce filings?
I’m ok with it, believe me.
Lexi, Chatbot
Have you consulted with a lawyer regarding the unauthorized signature on the documents?
No, I haven’t.
I called the court office and that’s how I was able to find out that they referred me to the case manager but every time I call the case manager, I can’t get a hold of them and their voicemail is full.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured, they'll be able to help with unauthorized signatures.
No
Blake
Hello, my name is Blake and I am a licensed attorney - I will be happy to help you today!
All I ask is that you please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship or constitute legal advice. THIS ENTIRE DISCUSS SHOULD BE CONSIDERED GENERAL LEGAL INFORMATION ONLY AND MAY NOT BE RELIED UPON AS ADVICE.
You must hire an attorney if you need legal advice for your specific situation. Your question is important, and I'll provide a helpful response as soon as possible. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone that you can understand. Together, we'll find the best solutions for your needs. Let's get started!
First of all, how long ago did this happen, and where was it located?
Ok sounds good, thank you.
Blake
What is the specific question that you would like to have answered about this situation?
I thought I asked it in the text above.
My wife filed for a divorce. She sent me the filing paper. I notarized it and took a picture of it and sent it to her. She wanted me to send it in mail but didn’t have an opportunity to do that. She went ahead and signed my name and the court figured that out. I was out of the country at the time, and then I saw the file, so when I got back in the country, I thought I’d give the court a call. That’s when I found out that she signed my name.
I can’t get ahold of the filing manager or the case manager and I’m wondering if I should just go to the court where we got married in California. She filed in Florida because that’s where she lives.
Should I just go to the court and work this all out to finalize it? Also, she came and stayed at my house in Nevada and she took my car. Car in my name with a loan in my name. I’m asking how can I go about getting the car back?
Blake
I completely understand that you just want to get this resolved without unnecessary conflict or delays, and I truly empathize with how awkward it must feel to have trouble communicating with your spouse about the paperwork.
Here’s a clear, step-by-step approach you can follow to move this along and protect yourself:
Get a Copy of the Case File
Since you don’t know exactly what document she signed for you, it is very important to see it yourself. You can call or visit the clerk of the court where she filed (in Florida). If you are unable to reach the case manager, you can still go in person to the clerk’s office and ask to view or purchase a copy of the full court file. If you can’t travel to Florida, ask the clerk how you can request copies by mail or online.
Decide Whether You Want to Object to the Signature
If the document was something routine (like an acknowledgment of receipt of papers), you may not need to do anything if you are comfortable proceeding. If it was something more serious (like waiving rights or agreeing to specific property division terms), you should be cautious.
Submit a Statement to Clarify Your Position
Even if you don’t object to the divorce itself, you can file a simple statement with the court to say you didn’t personally sign that one document but you do consent to the divorce going forward. This protects you in case there is ever a dispute about whether you agreed to all terms knowingly.
Go to the Court in Person (if feasible)
Since you’ve struggled to get the case manager on the phone and your wife isn’t talking with you, going to the clerk’s office in person may be the most efficient way to resolve this. Explain you just want to finalize the divorce properly and ask for guidance on any forms you may need to re-sign or amend.
Address the Car Issue Separately
Because the car is in your name and you still owe on the loan, you have the right to recover it. You can consider sending her a written demand (certified mail) to return the vehicle by a specific date. If she refuses, you may need to file a civil replevin action (a lawsuit to recover property) in the county where she has the car. Be prepared to show proof that the car is titled and financed in your name.
Consider Consulting a Family Law Attorney Licensed in Florida
Even if you don’t want a lawyer to take over everything, a short consultation will help you confirm exactly which documents need correcting. You can search for local attorneys at www.avvo.com.
I completely respect that you want this to be over quickly. Taking these steps will help you finalize your divorce correctly and avoid future problems with the court or your car loan.
Does this answer your question and do you understand the answer completely? Please let me know if you have any follow-up questions or if anything in this answer was unclear, and I will be happy to help.
Yes, I very much do.
Blake
I hope I was able to answer your question.
Thank you very much. If I have anything else, I’ll reach out.
Blake
You're very welcome! I sincerely wish you all the best with this.
Blake
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