Divorce and Marriage Law

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


Top Answer
User Avatar
Wiki User
2009-08-08 04:48:33
2009-08-08 04:48:33

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

User Avatar

Related Questions

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

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

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.

Judge decides when degree is final, not your spouse.

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.

Why should he? You could move instead.

Yes. A judge decides whether or not a divorce will be granted, a spouse does not. The fact that your spouse will not sign a piece of paper has no bearing on the issue. The fact that your spouse has retained a lawyer has nothing to do with it. The lawyer represents your spouse's interests. The lawyer is there to take you to the cleaners.

You can divorce a spouse who is currently in jail as if they weren't even there. You just have to have them sign the legal document allowing you two to go on with the divorce. If he refuses.. then you'll have to take it to court.

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

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.

Even in Illinois both must file for divorce, then only will things move forward.

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.

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.

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.

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.

He or she can contest the terms of the divorce but he or she cannot prevent the dissolution of the marriage. If a spouse refuses to respond/sign the final declaration the requesting spouse can receive a divorce under the default laws as applied in the state where the divorce is filed.

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.

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.

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.

Noo it will ot be possible for him to , as he is a incarcerated spouse, he will not be able to contese the terms of the divorce case.

Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.