In some instances, you may be able to get a "default" judgment if the defendant refuses to sign the petition papers. This can be a serious disadvantage for the person who doesn't want to sign, as the judgment and any monetary awards will surely not be to his/her liking.
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.
Go to court. The judge can grant the petition.
In the state Of Oklahoma who do you get divorce if your spouse refuses to sign the papers
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.
You can fake her signature or you can get one of her papers that she did sign and tape it to the divorce papers
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
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.
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.
United StatesYou can petition for divorce but you cannot do it in secret. The court will order that your husband be served with the notice of your filing. If he cannot be found the notice will need to be published in a local newspaper. If he doesn't respond the divorce can proceed. A person who refuses to respond to or sign divorce papers cannot prevent the other party from obtaining the divorce.
Yes. A judge grants a divorce not either of the spouses.
Yes, motion the court for a default ruling.
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.
Any subsequent contestation hearing must take place in the state where the dissolution (divorce) petition is filed.
um. I never been Divorce before. but Have you try go to Divorce lawyer ask them a question. that might helpful. Divorce Lawyer can help with you how to Divorce Petition papers. Good luck. Here this. I found off from website. How do I serve the divorce papers? If a lawyer is handling your divorce, he or she will have the divorce papers served on your spouse. If you are using "do-it-yourself" forms, the instructions will tell you what you need to do. Your spouse can agree to sign papers that say he or she has been served. Otherwise, your spouse must be served by either the sheriff or another adult (not you or your children). If you are getting welfare or certain other public benefits, the Support Enforcement Division (SED) will also have to be served with the divorce petition. If you do not have a lawyer, or if the divorce forms you are using do not have instructions about this, you can call SED to find out how to serve them with the papers. What if I am served with divorce papers? If you agree with all the terms of the divorce as listed in the petition, you do not need to respond. If you want to challenge the terms listed in the petition, you must file a written answer (called a "response") with the court within 30 days after you were handed the papers. Contact a lawyer or your local legal services office to learn about what you can do. There is a court fee to file a response in a divorce case.
Serve him with divorce papers and let him anwer in court.
The judge or magistrate can compel them to sell the papers. They can also in some cases decide a divorce case without a signature.
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.
This is not an answer. Please give answers here.------------ My wife refuses to give me a divorce but I want one anyway. What can I do?
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.
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.
No, but the refusal of a spouse to sign the dissolution petition will not prevent the requesting spouse to be granted a divorce.
Ask your attorney about suing your husband for divorce "in absentia).
Then you schedule a hearing with the circuit court and let the judge decide if there is enough evidence for a divorce.
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.
No, you just need to fill out the proper papers and you should have a lawyer for representation for future court dates. However, if you do hire a lawyer, you should have him/her file the petition for divorce.