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How can someone get divorced if your spouse refuses to sign the papers in Washington State?
Wiki User
∙ 11y ago
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.
Wiki User
∙ 11y ago
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What happens after your spouse refuses to sign divorce papers?
u dont get divorced unless in in a diff country than the US cuz then i dont know
If i married an illigal then divorced can he still get his papers?
The only way for someone in America that is illegal can get papers is if they are married to someone in America. The person would have to stay married in order to keep the papers.
Can you get a divorce in Mississippi if your spouse refuses to sign divorce papers?
get a lawer and sue her ! they can make her sign the papers !
Does your wife have to sign the divorce papers to get legally divorced in the state of New Jersey?
Yes, your wife has to sign divorce papers to legally get divorced in any state.
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What if your Spouse refuses to sign divorce papers in state of Oklahoma?
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If my wife in Bahamas refuses to sign the divorce papers what can I do to have the divorce recognized?
If your wife in Bahamas refuses to sign the divorce papers what you can do is refile for divorce under abandment and the court can then rule that you don't need her to sign. STATED BY AUTHOR
Can you marry someone else if a judge hasn't signed divorce papers in another state?
No. You aren't divorced until the decree is signed by the judge and entered into the record.
What can be done if your boyfriend of 5 years' wife refuses to sign the divorce papers and she is an illegal alien and the papers are already filed but she refuses?
Have your boyfriend invite her to dinner so they can "talk", when she shows up, let immigration take her "home". The officers can get her to sign the papers before they leave. Problem solved.
How Can you get a divorce in the state of Kentucky if your husband lives out of state and refuses to sign divorce papers and says he will never sign the papers?
Answer What I know about divorce papers is that they require two signatures, one from you the other from your husband, and if he doesn't sign the divorce papers, it doesn't matter he is no longer in the State where you live, if he doesn't sign the papers you can't get your divorce. There is also common law marriages where two people can live together for as long as they want and divorced or not, you can still live with another man. There's no law against it.
How can you fine out if your husband living in Canada divorced you?
If you haven't been served with divorce papers, then you aren't divorced no matter what he says.
Who acted quickliy to save government papers and a portrait of George Washington?
It was deemed that George Washington's wife, Martha Washington, was the person who saved most of the government papers and a portrait of George Washington.
