If you wish to get a divorce from your spouse, nothing, not even your spouse’s unwillingness to sign the papers, can get in your way of achieving this. That said, when a spouse refuses to sign divorce papers, it can stall the process a bit and make things a little more difficult.
Getting a Divorce When Your Spouse Refuses to Sign the Papers
It is no secret that splitting from your spouse can get nasty. Your spouse might even fight your attempts to move forward with the process by neglecting to respond to your request altogether. Your spouse might even try to hide to avoid being served the paperwork. Of course, a judge will not let a spouse get away with this sort of behavior. In some circumstances, this type of case might proceed as an uncontested divorce or you might be able to obtain a default divorce.
If your spouse was properly served with the divorce petition and filed an uncontested response, but refuses to sign the papers to finalize the process, the court might continue to move forward with your case as an uncontested divorce. Your spouse might be allowed the opportunity to appear in court, but if he or she fails to attend, the case would likely be treated as an uncontested divorce.
In cases where a spouse fails to respond to a divorce petition within 30 days, you would be able to file a request to enter a default divorce. The court would then set a hearing date where you would be required to appear. At this stage, the judge would issue divorce orders and, if your spouse fails to appear in court, he or she will not have any say in these proceedings. Similar steps can be taken if you are unable to locate your spouse and wish to file for a divorce.
Contact Our Experienced Divorce Team Today!
If you wish to get a divorce, but your spouse refuses to cooperate, you need to hire experienced counsel to get you through it. When you choose the Law Offices of Jeffrey S. Graff you will receive the assistance of an attorney with more than three decades of legal experience and a commitment to providing exceptional service for every client. An unresponsive spouse can complicate the divorce process, but with our guidance, you will be able to achieve your goals.
Contact our law office today at (805) 633-4999 to request a free case review!