30 days
How long should it take for an attorney to draw up divorce papers?
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.
Chances are now that the divorce proceedings will take place and the plaintiff may win by default as the defendant did not respond to contest or counter sue within the specified time limits. The court will then set a hearing date to occur within a certain time frame - both parties will be told when and where to appear. The rest of the case is heard before a judge in a court of law.
You would have to file a Missing Spouse Divorce. This is usually when a service by publication is in order. If after a certain amount of time (based on the state) the spouse does not respond then you are able to go to the court and show that you have tried to find your spouse with no luck.
no time. as soon as the divorce papers are final and submitted you can re-marry
In most jurisdictions, a person cannot be legally divorced without receiving divorce papers. Divorce papers, also known as a divorce petition or summons, are served to the other party to inform them of the divorce proceedings and give them the opportunity to respond. Without proper service of divorce papers, a divorce cannot be finalized. It is essential for both parties to be aware of the legal process and have the opportunity to participate in the divorce proceedings.
I believe you can file for divorce and put a time limit on the signing of the papers and if that isn't done within the time then you can have a judge grant you a divorce. I think you also have to place and ad in the paper stating that you have filed for this type of divorce to make the notice public. Get your phone book out and call a few attorneys in the book, even there secretaries can answer this question for you for what statutes are in your state. Look for ones that will give you free consultations. I don't think they have the right to refuse, no one can force you to stay married to them.
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.
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.
30 days in some states