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."
To view the text of the new law, visit www.new-york-no-fault-divorce.com/ny-law
Its a helpful blog on the subject. It has links to news and opinions on no-fault divorce in New York, as well as links to professionals who can help with your divorce.
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.
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.
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.
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
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.
how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition
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
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.