Yes you can. You must be able to prove that your spouse knows that you have filed for divorce. Have them served with divorce papers or publish notice in the paper or at the courthouse (contact the county clerks office for information on how to do this). Then you must wait 60 days for the other party to file an answer with the court. If they do not, then the divorce can be obtained on uncontested grounds.
Yes, request a divorce under the state's default laws. Once the petition is filed the non compliant spouse will be served notice and if he or she does not appear at the hearing the judge will ask a few questions and if the the answers are found to be legally satisfactory the divorce will be granted on the terms stated in the divorce petition.
Yes, file the divorce complaint and follow the court's instruction about giving notice. You should consult with an attorney who can guide you through the process. If there is no property to divide and no children the court may assist you in filing without an attorney.
All US states have laws that pertain to dissolution of marriage when one party does not wish to cooperate.
They are generally known as default proceedings and the requirements for obtaining a divorce under such conditions vary from state to state.
Generally, the petitioner must prove to the court that a reasonable attempt has been made to resolve the issue before a default hearing is allowed.
At the hearing the parties are each allowed to state their reasons for wanting or opposing the action. If the person served (respondent) does not show up for the hearing, the divorce will be granted under the terms outlined in the petition.
Please be advised, that obtaining a divorce under default laws does not terminate the rights of a biological ex spouse to petition for custodial or visitation rights nor will it prevent a child support order.
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 case without objection by the defendant. All this can occur without the other spouse signing anything.
No "signature" is required for the obvious reason that one cannot reasonably expect a person about to go through a divorce proceeding to be cooperative with the plaintiff and sign papers.
Yes. It is not necessary for your spouse to sign the papers: if he or she refuses to participate in the divorce at all, you can still obtain a valid divorce through a default judgment. If your spouse is being uncooperative however, you should speak with a divorce attorney to see what the best strategy is for your individual situation.
get a lawer and sue her ! they can make her sign the papers !
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.
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Go to court. The judge can grant the petition.
Serve him with divorce papers and let him anwer in court.
it's usually not very hard. depending on when the person is getting out. but, as with normal divorces, sometimes the spouse refuses to sign the divorce papers.
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.
Ask your attorney about suing your husband for divorce "in absentia).
Typically if a spouse refuses to sign the divorce papers (a more popular problem than you may think) the court will treat their lack of response as an agreement to your response. You can get a divorce without their consent.
Go to your lawyers office. they have court appeals for this all the time
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 are sure about the divorce but your spouse refuses to sign talk to a lawyer. in almost every state (if not every state) there is a way to get a divorce anyway it usually involves setting up a hearing. then they try to serve him/her the papers for the hearing if he/she does not respond within a certain period of time then the divorce is granted otherwise you might have a legal battle on your hands. However i believe in California it is not required to have your spouse sign the papers (do some research though to be sure) if that is true you might be able to go file for your divorce there however i still recommend talking to a lawyer about possible options where you live since its easier.
If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.