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What do you do if your spouse refuses to sign the divorce papers and your attorney will not help?

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2017-10-08 18:03:15
2017-10-08 18:03:15

You should dismiss that attorney and possibly file a complaint with the state board of bar overseers. Seek a refund of any funds that you have paid over for his/her legal fees.

In the United States, one spouse cannot prevent another spouse from obtaining a divorce. The party who wants a divorce must formally notify the other spouse pursuant to state laws. The person serving the divorce papers can be a private process serveror sheriff. That service provides the other spouse with the opportunity to object and represent their own interests in the proceeding. The service provides proof for the moving party that the other party was given notice. If the spouse refuses to show up for the scheduled divorce hearing the original filing spouse has the right to proceed and request a divorce.



You should arrange a consultation with another well recommended attorney who specializes in family law and divorce if possible.


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2017-10-08 17:46:55
2017-10-08 17:46:55

There are alternative divorce methods File it in the public notices section of the newspaper in her city or town and if she does not respond to the notice in so much time, it will atomatically default in your favor. You will be awarded the devorce you are seeking due to default.If she doesn't read this section of the paper at all and is not aware of this ,she will probably never see it. Food for thought.

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Related Questions


In the state Of Oklahoma who do you get divorce if your spouse refuses to sign the papers

You can fake her signature or you can get one of her papers that she did sign and tape it to the divorce papers

Yes. It complicates matters, but it can still be done. Consult a local attorney for assistance.

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.

If you file for a divorce and your spouse refuses to sign, you may be able to win your divorce by default. When your spouse defaults on a divorce it means he/she failed to respond within the a lotted amount of time per your specific state.

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.

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.

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.

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.

The judge or magistrate can compel them to sell the papers. They can also in some cases decide a divorce case without a signature.

You may be eligible for a default divorce if your spouse refuses to sign the papers when served. There is usually an amount of time each state gives to sign the divorce documents when served and return. If after that amount of time (usually 30 days) documents have not been signed and returned, a default divorce might be in order.

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.

Maybe because that spouse yours loves you too much to want to have a divorce as well. You need to work something out with your spouse and your lawyer, or get Time on your side and wait it out.

Usually you can start the divorce yourself and then get that served to the other party. They have a time period if which they have to respond or the divorce happens with a default judgment.

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.

Go to your lawyers office. they have court appeals for this all the time

In the United States, one spouse cannot prevent another spouse from obtaining a divorce. Briefly, the party who wants a divorce must formally notify the other spouse pursuant to state laws. The person serving the divorce papers can be a private process server or sheriff. That service provides the other spouse with the opportunity to object and represent their own interests in the proceeding. The service provides proof for the moving party that the other party was given notice. If the spouse refuses to show up for the scheduled divorce hearing the original filing spouse has the right to proceed and request a divorce.You should arrange a consultation with a well recommended attorney who specializes in family law and divorce if possible.

You would have a conflict of interest by signing the divorce papers for both parties. Your spouse must sign his own name.


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