It’s no secret that divorce is tough, and it can be even worse if one’s spouse wants the marriage to be over but the other one doesn’t.
You have to realize that a partner can’t stop a divorce by pretending it is not happening. The law allows people that want a divorce, to get a divorce even if the other party does not.
When custody battles hold up the divorce process When a divorce is contested, things don’t always go so smoothly.
Contested vs. Uncontested Divorce
For those lucky enough to make an uncontested divorce work, both in time and money, they can be the best option, but they do not work for every type of couple.
When a spouse will not sign divorce papers, the other spouse must file for a contested divorce, which can be heard in family or circuit court.
A spouse who wants a divorce must provide the other spouse with divorce papers, which the other spouse can contest in court. He can then file a request for a default divorce and if his spouse doesn’t show up to the hearing to contest the divorce, then the judge will grant said request and all relevant terms of the request.
No One Can Ignore Divorce
On other occasions, one spouse is unable to obtain a signature of the other spouse just due to the fact the other may not be found. The courts in this case will grant filing for abandonment. If the other party cannot be found or does not respond within six months, the court may then allow the divorce to proceed without a hearing.
Occasionally refusing to sign the papers can be vindictive, but there are also other reasons. Here are some strategies to avoid a spouse refusing a divorce:
No-fault divorces are available in all 50 states. The reason a couple can cite against each other is “irreconcilable differences.” Opting to file a divorce on no-fault grounds can do away with the finger-pointing that causes a spouse to refuse to sign divorce papers after having been scorned.
There are many instances firsthand in which a spouse does not want to sign divorce papers because they feel that the terms of the divorce are not fair and that they are going to leave with nothing. A Marriage Mediator with an Independent Mediator can help you come to a result that is acceptable to both spouses.
Legal Recourse for Uncooperative Spouses
In cases where a spouse refuses to agree to a divorce, and if one of the spouses is unwilling to seek a no-fault divorce, there may be legal recourse to proceed with the divorce, and contested proceedings, such as a contested custody or access battle, may be resolved.
Filing a motion for default judgment is a strong option if the refusing spouse will not answer your divorce filing in the given time.
This motion is a notice to the court that the opposing party has failed to appear and it is the petitioner’s request for a favorable judgment. But it is important to comply with all the statutory conditions when seeking a default judgment to prevent any unexpected issues.
If in the event that the resistant spouse intentionally avoids being served or their whereabouts are unknown, you can consider enjoining the help of the Court to have divorce papers served.
Other options for service that a court may allow the petitioner to use is service by publication in a local paper or service by mail to the last known address of the respondent, just so the process can go forward if direct communication can’t be established.
It is highly recommended to hire an experienced divorce lawyer to help you through the maze of a contested divorce. These professionals can help guide, safeguard your rights and fight to get you the most favorable resolution.
There is a way, and by using the right legal strategy and navigating the experience of attorneys, one can still achieve a divorce, regardless of an uncooperative spouse.
Getting the Right Help
The issues surrounding divorce law can be quite complex when you are not adequately represented by an experienced attorney. Modern Family Law knows every detail about the divorce laws in Colorado, California, and Texas, and will help explain your options. This is our aim, and we would like to help work toward a fast and amicable divorce for you by thinking ahead to everything that can happen.
If you are contemplating divorce or are struggling with your spouse over signing divorce papers, please contact a divorce attorney at our office so we can discuss how we can help.
The Law Office of Anthony Griego LLC
Law Office of Anthony Griego LLC compassionate family law attorney helping you protect your family. Through our use of modern technology, we have built an efficient system that works in the best interest of our clients.
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