What Happens If Your Spouse Refuses To Sign Divorce Papers

It will merely silence your voice in determinations of child custody alimony property division and other critical decisions.

What happens if your spouse refuses to sign divorce papers. Did Your Spouse File a Response to the Divorce Complaint. It is not uncommon when a relationship breaks down for one party to feel that the other will cause significant difficulties when a Divorce Petition is issued. Otherwise the spouse may ask the Court to appear by telephone. Article by admin family Legal Updates I am often asked by my clients whether or not they can still divorce their spouse if heshe is refusing to sign the papers.

If your spouse refuses to sign the divorce decree you will have to set a hearing and present evidence to a judge so they can determine the terms of the divorce. If your spouse refuses to sign the divorce papers contact a Florida divorce attorney immediately. The Court may then allow you to proceed with your application for Decree Nisi if they are satisfied with this. However some situations could delay the divorce.

Feel free to call us at 215 523-6900 or schedule a consultation online. In extreme cases you may obtain a default divorce which means that a judge grants your divorce even though your spouse refused to appear in court or sign the divorce papers. 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. If neither of the above are successful you will expected by the Court to continue with your attempts to notify your spouse of the divorce proceedings.

Your divorce lawyer can also help you with other matters related to your divorce and child custody. Both of the spouses will need to sign the documents and submit them to court. 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. When an uncooperative spouse refuses to sign divorce papers it can make the divorce process more lengthy.

If you have text messages or other written documents proving in which your spouse says that they are ignoring the documents or refusing to sign them you may be able to provide these documents to the judge as proof. If you have been served the divorce papers and you have not responded to it or left it unsigned your spouse will file for a default hearing date where the court can issue divorce orders and judgment. If your spouse was properly served the divorce papers filed an uncontested response in court then refused to sign the final divorce papers talk with an attorney about your option to proceed with an uncontested divorce. This is known as alternative service.

He or she can help you with drawing up the divorce papers and filing them with the court. The only effect such failure or refusal will have is to strip away the non-signing spouses legal rights. When one party refuses to sign and the divorce gets petitioned to move forward anyway then it is called a contested divorce. In this case the process moves on to become a contested divorce.

In some cases you may receive compensation for the additional attorney and court fees you paid as a result of your spouses stalling. While the divorce will still go through it will likely extend the divorce process. 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. Divorces even those desired by both spouses often get contentious.

If you can show evidence of this when the court hears your divorce application then you may be granted a divorce. An irretrievable breakdown divorce does not require your spouses signature though it does require at least a one-year separation before the divorce can be granted. An attorney can answer your questions and discuss how Pennsylvania law may apply to your situation. Then it is up to the family court to decide.

If the responding spouse does not attend the hearing the Court may finalise the divorce application in their absence. 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. If your spouse refuses to sign the divorce papers your divorce becomes contested. Often one of the partners will refuse completing the paperwork.

Apply for Deemed Service. If your spouse is refusing to sign divorce papers there are still some options to proceed with dissolving your marriage. If your spouse refuses to take the documents from the server the server can place them somewhere in the presence of your spouse stating what they are and this will fulfill service requirements. We welcome you to contact Petrelli Previtera with questions about proceeding with a divorce in PA.

So you may be waiting a while before your divorce is final. While a spouse can refuse to sign the divorce papers it is highly likely that the divorce will still take place. What Happens if Someone Refuses to Sign Divorce Papers For a marriage to end legally in Arizona certain paperwork will have to be filed. If you have delivered the papers yourself in person or by mail and your spouse is simply ignoring them this can be tough.

You cant locate your spouse. 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. Your spouse will present a divorce decree to the court.