Divorce Documents

Can a spouse refuse to sign divorce papers?

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2013-06-04 21:42:37
2013-06-04 21:42:37

Divorce laws vary from state to state but lack of a signature can rarely prevent a person from obtaining a divorce. You must consult with an attorney in your jurisdiction. Generally, the other party can refuse to sign the papers. You will need to follow your state laws at every step in the process. If they cannot be found the court will allow a notice by publishing. Depending on your jurisdiction they have to respond within a certain amount of time. If they do not, you can proceed with the divorce.

As long as you follow the proper procedures, and your spouse is properly served with the divorce papers, he or she cannot stop the divorce by refusing to sign something.

California

Your Spouse is not required to sign Divorce Papers in California.

New York

The Court will proceed with the divorce, whether your spouse wants the divorce or not.

It will not matter that your spouse refuses to sign divorce papers in New York once the state approves the new no-fault divorce law. Under the new law, you will be able to start divorce proceedings without her consent. The governor is expected to sign the bill the week of July 5, 2010 and then the law will go into effect immediately.

Under the new law, to file for divorce one of you will have to state under oath that the "relationship between husband and wife has broken down irretrievably for a period of at least six months."

Texas

File a dissolution of marriage petition under the default laws of the state. The non petitioning spouse will be given a specific time in which to respond to the divorce summons and if she or he fails to do so, the judge can grant the divorce decree according to the terms that are stated within. In Texas, if you have them served then they have 20 days to sign and if they do not then you automatically get the divorce.

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Related Questions


You can refuse to sign your divorce papers but would cause a lot of trouble for your spouse but it is different in each state for situations were your spouse does not want to sign the divorce papers but in most cases the court will still grant you a divorce.


You can serve a spouse with separation papers which they have no recourse not to accept. You can also serve them with divorce papers. They can refuse to sign, but eventually a judge may grant the divorce anyway.


In the state Of Oklahoma who do you get divorce if your spouse refuses to sign the papers


You can refuse to sign divorce papers in Texas. The divorce will eventually move ahead and along without the signatures.


you can refuse to sign divorce papers in any state that's you right as a citizen


If your spouse won't sign the divorce papers then file a judgment of default. If your spouse does not sign it within 30 to 60 days then the divorce will be final by default.


You can fake her signature or you can get one of her papers that she did sign and tape it to the divorce papers


Your spouse can refuse to sign divorce papers no matter where you live. however, there is always a way around it where you do not need your spouse to sign to get the divorce. the laws are different in each state though so you need to contact a lawyer and see what your options are. also from what i understand in California your spouses signature is not needed so if you want you can try filing for divorce in California instead i leave it up to you.


Yes, you can refuse to sign divorce papers. The court will decide when and how the divorce is decided and closed.



Yes. A person can refuse to sign divorce papers. However, that kind of behavior will drive up the legal costs for both parties and result in the court making decisions for you. It will also lengthen the time period needed to obtain the divorce. In the United States you cannot prevent your spouse from obtaining a divorce by refusing to sign.


No, but the refusal of a spouse to sign the dissolution petition will not prevent the requesting spouse to be granted a divorce.


A spouse can refuse to sign the divorce papers for as long as they wish but that does not mean that they wont get divorced. The court simply will not keep a party to a marriage in the marriage arrangement if they do not want to be in it anymore. What happens in these circumstances is that you must attempt to serve the other party (sounds like you have done that) and proceed as if they did and a default divorce judgment will be entered and you will be divorced.


You continue with the divorce proceeding. A spouse who refuses to sign the divorce papers can delay the proceedings by making it take longer but they cannot prevent the divorce.




Usually if you serve your spouse and they do not sign the papers under a 30 day period in most states, you may win your divorce by default. Divorce by default happens when the served party fails to respond to the divorce papers served.


If your spouse is served with divorce papers, that is what matters. The next step is the hearing before the judge. Your spouse may attend or may choose not to attend. It does not matter. What matters is the judge's decree. Many divorces have been granted when the spouse refused to sign.


If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.


If one spouse will not agree to a divorce, it then becomes a "Contested Divorce" and it's time to lawyer up and get ready for court.



If you file for a divorce and your spouse refuses to sign, you may be able to win your divorce by default. When your spouse defaults on a divorce it means he/she failed to respond within the a lotted amount of time per your specific state.


in Indiana does the spouse have to signIndiana the spouse don't have to sign the divorce papersi know i got 4 divorces in Indiana. don't let no one make you believethe spouse has to sign.BUT if its agreetment divorce both has to sign. hope that i help you.


A spouse that does not sign divorce papers will get a default judgment entered against them and the divorce will still happen. You can however contest the default judgment if the court allows you to do so and thinks you have a good reason why you did not sign the papers.


If you are referring to the final decree - Nothing, the judge will grant divorce regardless.



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