Can a spouse refuse to sign divorce papers?
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.
Your Spouse is not required to sign Divorce Papers in California.
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."
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.
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…
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.
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…
If your spouse does not sign the divorce papers in the state of Florida can i make the divorce final on my own?
How long is the wait before a divorce if spouse refuse to sign the papers as per the Arizona divorce laws?
Can you get a divorce in New Jersey if your spouse refuse to sign divorce papers and appear in court what are the procedures do i have to know where they live?
then your not divorced Or you should talk to your spouse about it if you guys really want to divorce or not. If the spouse does not want to accept the divorce papers,that spouse still cares for you. Then you should talk about getting back or settle things and talk to him/her about the divorce papers. If you do not care for your spouse then talk to that spouse gently and maturely about it If…
You may be eligible for a default divorce if your spouse refuses to sign the papers when served. There is usually an amount of time each state gives to sign the divorce documents when served and return. If after that amount of time (usually 30 days) documents have not been signed and returned, a default divorce might be in order.
No. If your spouse refuses to sign divorce papers, or file an answer with the court contesting the divorce, then you can still obtain the divorce. The process becomes a bit more complicated, though. You must be able to prove that your spouse knows that you have filed for divorce. Have them served with divorce papers, or some states will allow you to publish that you have petitioned for divorce-by taking out an ad in…
Yes, you can because it is not necessary for a spouse to sign divorce papers in New Jersey or in any other state. A complaint for divorce is filed and a summons issued. Both are served on the other spouse, who then has a certain time to answer the complaint. If no answer is filed and if the papers had been properly served, the plaintiff will be allowed to proceeds to try to prove his/her…