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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.
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
A spouse that does not sign divorce papers will get a default judgment entered against them and the divorce will still happen. You can however contest the default judgment if the court allows you to do so and thinks you have a good reason why you did not sign the papers.
You can still get a divorce when your spouse refuses or cannot be found to sign the papers. Within a few weeks the served spouse must answer whether he or she agrees with the complaint. By default in many states, a failure to answer the complaint is viewed as an agreement to its terms.
If your spouse has been notified of the pending divorce and fails to respond to the petition within the allotted 20 days, then you can petition the judge for a default judgment of divorce.
If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.
Request default motion.
No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com
That will not prevent the divorce. The courts will allow publication of notice in the local paper. It may take a little longer but if the respondent chooses to not represent their own interests in the divorce the plaintiff can obtain a default judgment.
File the divorce papers have them served on the spouse. If there is no response within the required time limit file a request for the divorce to be granted under the state default laws. A spouse cannot avoid a divorce they can only contest the terms of the dissolution petition. If the default laws apply the non compliant spouse forfeits the right to contest the terms of the divorce decree.
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.
Technically yes. By this I mean that if there is a situation in which one spouse cannot be found (and the other spouse attempted to locate the spouse) then the court will proceed with the divorce without that spouse and enter a default divorce. However, if you were never served the paper work to put you on alert that you were getting a divorce then you do have the option, within a certain amount of time, to contest the entry of the default divorce. Although you cannot necessarily reverse a divorce you are given an opportunity to argue your side.