What To Do If My Spouse Refuses To Sign Divorce Papers
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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.
What to do if my spouse refuses to sign divorce papers. If a Petition is pursued using one of the facts which does not require agreement and the other party refuses to engage in the process there are several ways in which a court can still proceed with the divorce effectively the court decides that the obstructing party does not object and after this point the Court does not then need them to sign any papers for the Petition to. 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. The court order asks that the petition for divorce be deemed to have been served. If you cant find your spouse and have taken all reasonable steps to locate him or her it is also possible to apply to the court for an order to dispense with service or for substituted service.
Instruct a Process Server. If your spouse refuses to sign the divorce papers contact a Florida divorce attorney immediately. When one party refuses to sign and the divorce gets petitioned to move forward anyway then it is called a contested divorce. While the divorce will still go through it will likely extend the divorce process.
A contested divorce will require a hearing where both spouses will present evidence. In Pennsylvania you still have the option to file for a no-fault divorce based on the marriage being irretrievably broken. We welcome you to contact Petrelli Previtera with questions about proceeding with a divorce in PA. What should you do in such a case.
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 you can show evidence of this when the court hears your divorce application then you may be granted a divorce. When a spouse does not sign divorce papers the partner seeking divorce will need to get a contested divorce. If however your application is refused or you do not have any other form of correspondence from the respondent you will need to consider instructing a process server.
How a judge will treat these situations depends on where you live. If your spouse will not sign your divorce papers their refusal to do so can make the process longer and more expensive. The good news is that you can still get divorced even if your spouse refuses to cooperate. 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.
Meaning once your petition for divorce is filed your spouse will have 30 days to respond to the filing. 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. If the relationship between you and your spouse is still friendly you can try explaining to them why you are seeking a divorce and that it is in the best interests of both parties to sign the paperwork. If your spouse is refusing to sign divorce papers there are still some options to proceed with dissolving your marriage.
He or she can help you with drawing up the divorce papers and filing them with the court. They will then file a statement of service with the court to say they have done so. Others do so by hiding or trying to avoid service meaning in-person delivery of the divorce paperwork. It is common in a divorce where one party refuses to sign the petition for the divorce to be classified as an uncontested divorce.
This is the second solution to help you get a UK divorce if your spouse refuses. Some states will allow the divorce to proceed uncontested while others allow the petitioning spouse the spouse asking for the divorce to. Your divorce lawyer can also help you with other matters related to your divorce and child custody. You cant locate your spouse.
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. Build a Support System When an uncooperative spouse refuses to sign divorce papers it can make the divorce process more lengthy. Feel free to call us at 215 523-6900 or schedule a consultation online. If your spouse refuses to sign the divorce papers your divorce becomes contested.
An instructed bailiff will take the relevant divorce papers locate your spouse and personally hand deliver it to himher. 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. 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. Prove the breakdown of the marriage 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 your spouse refuses to sign the final paperwork there may be an emotional reason behind it. Unfortunately sometimes one spouse refuses to sign the divorce papers further complicating matters. Then it is up to the family court to decide.