What Happens If One Spouse Refuses to Sign Divorce Papers

When one spouse refuses to sign divorce papers or fails to respond to a request for divorce, the entire process becomes challenging. A judge will make a determination depending on where you live. In some states, the divorce can proceed uncontested. In other states, a judge may grant the spouse who is asking for the divorce a default divorce. Here is a brief description of what an uncontested divorce and default divorce would be like:

Uncontested Divorce It is one of the easiest and simplest types of divorces. All divorce-related issues, such as spousal support, child custody and support, and the division of property and debts are agreed upon by both spouses.

If both spouses have reached an agreement, a judge will review the agreement, issue orders and grant a divorce. If one spouse served the divorce petition on behalf of the other, and he or she filed an uncontested response, the case may proceed uncontested. If the other spouse fails to appear on their court date, the case may be treated as uncontested.

A Default Divorce If one of the spouses served divorce papers and the other failed to file a written response on time, the petitioning spouse may file a request to enter a default divorce. A default divorce is usually granted when one spouse has been served but fails to respond within 30 days. It may also be granted when a spouse cannot be located for service.

A court will set a hearing date and ask the petitioning spouse to appear. At the hearing, a ruling will be made based entirely on what is stated in the divorce petition. The spouse who fails to respond or appear gives up the right to have any say in the divorce proceedings or court judgment.

If you need assistance with your divorce, let our divorce lawyers help. We are knowledgeable, determined and compassionate and will take the time to explain your legal rights in terms you can understand.

Harold, Salant, Strassfield & Spielberg Contact Us: Harold, Salant, Strassfield & Spielberg 81 Main Street, Suite 205 White Plains, New York 10601 Phone: 914-821-6952 Email: gsalant@haroldsalant.com Website: www.familycourtlawyers.com