Want this question answered?
how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition
You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.
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.
Yes. A judge decides whether or not a divorce will be granted, a spouse does not. The fact that your spouse will not sign a piece of paper has no bearing on the issue. The fact that your spouse has retained a lawyer has nothing to do with it. The lawyer represents your spouse's interests. The lawyer is there to take you to the cleaners.
Many divorces are mutual between spouses but if your spouse refuses to sign your divorce papers, the process can take significantly longer. While there is no guarantee, your divorce could anywhere from a month to a year longer than an uncontested divorce.
YES
tricare
In the state of Florida you cannot get a divorce in a month. It take at least 6 months to get a divorce.
No, but there might be a problem with the insurance provider.
Not exactly. Being unfaithful is grounds for divorce, and if they divorce you then you could lose it.
No. They need to be present for certain legal actions that need to take place for a divorce, such as custody agreements or property devision.
When a Spouse Does Not Sign Divorce Papers When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction. Only the spouse who is filing for the divorce must sign, however, the spouse requesting the divorce usually must serve the other spouse with process. Service of process means that the other spouse is given notice that they have been sued. In a divorce situation, serving the other spouse with process means that the other spouse is notified that their spouse has filed for divorce and given a chance to appear. Contested Divorce Modernly, courts have moved past the traditional requirements of finding cause for a divorce. In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property. In the mean time, there are some things that you can do to try and resolve the issues and avoid allowing the court to make the decisions for you. Divorce by Default Proceeding If the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court's final decision. The reason the courts make this decision is because the court considers the opposing spouse's absence to be an agreement to the terms of the divorce. The court will make the default finding as long as the other spouse was truly served with the petition.