How long can a spouse hold divorce papers?

What if your spouse refuses to give divorce and wants to prolong it as long as possible what can you do?

Serve him with divorce papers and let him anwer in court.

Do both parties in a divorce have to sign papers in California?

No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com

Can a spouse serve divorce papers or must it be a third party?

As long is the service is proper, the spouse can serve their husband or wife. You will also want to get proof of service as well but if this is an amicable divorce then this should not be a problem.

How long does it take to get a divorce without your spouse's signature?

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.

How can someone get divorced if your spouse refuses to sign the papers in Washington State?

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.

In the UK how long is the wait before a divorce can take place if the spouse refuses to sign the divorce petition?

how long is the wait before a divorce take place if the spouse refuses to sign the divorce petition

In Alabama how long does it take for judge to sign divorce papers?

This depends on the backlog of cases the judge has to review. In most cases, it will be three to four months at the most from the time the papers are filed.

How can you get a divorce in the state of Alabama if your spouse refuses to sign the divorce papers?

If your spouse will sign divorce papers, you can get a divorce in Alabama more easily, more quickly, and without paying as much money. It's possible that if you and your spouse are able to talk openly and honestly with each other, you'll be able to reach agreement on terms of a divorce and both sign the papers. But that's not what you asked, is it? If your spouse just refuses to sign anything or talk about divorce, and if you know where he or she lives, you have no choice but to file for divorce and get service of process on your spouse. This will trigger a requirement that your spouse file an answer within 30 days of having been served. If your spouse fails to answer, you can file an application with the clerk to have your spouse declared in default. The court will set a hearing at which you will appear and give testimony, and soon after that the court will issue a divorce decree. If your spouse DOES file an answer, you and your spouse will have entered an adversarial divorce, in which you and your spouse each maneuver for advantage and to acquire the information you need to present your case in a divorce trial. Most adversarial divorces don't actually get to a trial. Most get resolved before that in negotiation (the same kind of negotiation you and your spouse could do now for free if you both could be cooperative). It's hard to say how long an adversarial divorce would take or how much it would cost, because it depends so much on your lawyers and the positions each of you takes as you negotiate with each other. Lee Borden Divorceinfo.com

Can a spouse refuse to sign divorce papers in Iowa?

File a motion of default in the court where the original divorce petition was filed. The spouse will be notified of the action. If the spouse fails to respond, the divorce will be granted and he or she will forfeit the right to oppose the terms contained in the original petition.

How long can it take for a divorce to happen if your spouse is in jail or drug rehab facility?

My x was in jail I went and filed for a divorce in February he was served the papers and he kept the papers for a few weeks he sent them back to the lawyer and we were divorced in June. Did take that long, would have been done sooner if he would have sent them back sooner.

How long after a spouse leaves can abandonment divorce be initiated in the state of Michigan if the spouse is in Kentucky?

Abandonment is not grounds for divorce in Michigan. Michigan is a "no-fault" divorce state.

once i file my divorce papers with the courts, how long do i have to serve him until the filing is expired?

You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.