What Happens If Your Partner Refuses To Sign Divorce Papers

With consent its in the name.

What happens if your partner refuses to sign divorce papers. Meaning once your petition for divorce is filed your spouse will have 30 days to respond to the filing. There are however further steps you can take to try and break the deadlock and come to an agreement which suits both parties. If you apply for deemed service and are refused or if you have not had any correspondence from your spouse that confirms they have received the divorce papers you can instruct a process server. However cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married.

It is common in a divorce where one party refuses to sign the petition for the divorce to be classified as an uncontested divorce. So if your ex-spouse wont sign up to your proposed agreement then there is no agreement and therefore no consent order. The first step is to hire a divorce lawyer to assess the situation. Instruct a Process Server.

The Court can grant a divorce order even if the spouse refuses to sign any documents. If your spouse has already stated they will not sign divorce papers and you have not yet filed speak with a divorce attorney about the pros and cons of filing a no-fault or fault-based divorce. By Family Law Case Manager Harry Low. However in the United States one spouse cannot prevent another spouse from obtaining a divorce.

A Consent Order can only be made by agreement ie. If you can show evidence of this when the court hears your divorce application then you may be granted a divorce. This is the second solution to help you get a UK divorce if your spouse refuses. When an uncooperative spouse refuses to sign divorce papers it can make the divorce process more lengthy.

If your spouse refuses to sign the divorce papers and give consent you must prove the breakdown of the marriage such as adultery or physicalmental cruelty. If one spouse fails to appear or officials cannot contact the partner for the hearing the judge may render judgment in favor of the other spouse. The good news is that you can still get divorced even if your spouse refuses to cooperate. And it is a good indication that they will be challenging on other matters too like the division of property assets and debts support payments and parenting time.

Divorces even those desired by both spouses often get contentious. The divorce papers will be sent to the party that refuses to sign to appear in court so a highly educated Judge can fix the mess you made. Your partner is technically not obligated to sign the papers but unless there are legal grounds for them to oppose the divorcewhich are extremely limitedthe divorce will in all likelihood still take place. Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely failing to respond to a request for a divorce.

Our divorce lawyer advises that you must fill in this form correctly or risk having to serve the spouse again. And if one spouse wont agree to end the marriage or is trying to avoid the divorce the process may stretch out longer than expected. A contested divorce will require a hearing where both spouses will present evidence. Your divorce lawyer can also help you with other matters related to your divorce and child custody.

You will still be able to file for a divorce with or without their signature. You cant locate your spouse. He or she can help you with drawing up the divorce papers and filing them with the court. However it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit.

In Pennsylvania you still have the option to file for a no-fault divorce based on the marriage being irretrievably broken. In order to get a divorce in England or Wales one person needs to issue divorce proceedings the petitioner and the other needs to acknowledge these proceedings the respondent. Unfortunately sometimes one spouse refuses to sign the divorce papers further complicating matters. If the respondent fails to respond to the divorce papers then the petitioner will need to take additional steps in order to get their divorce granted by the Court.

If you receive a divorce petition from the court be aware that the divorce may still go ahead even if you do not sign anything. To answer what is likely your most pressing question it doesnt matter what your spouses reasoning is. The only way to proceed with a divorce when one of the involved parties is refusing to sign papers is by applying for a court order. If your spouse will not sign your divorce papers their refusal to do so can make the process longer and more expensive.

When a spouse does not sign divorce papers the partner seeking divorce will need to get a contested divorce. When one party refuses to sign and the divorce gets petitioned to move forward anyway then it is called a contested divorce. So you may be waiting a while before your divorce is final.