The first step in the divorce process is filing a petition of divorce, which tells your spouse and the judge that you want a divorce. The person who starts the divorce is called the Petitioner and is responsible for legally notifying their spouse (the Respondent) of the petition. After serving the Respondent, the Respondent has 20 days to file an answer to notify the court that he/she received the divorce petition. While you do not always need a divorce lawyer for divorce cases, a good attorney can bring peace-of-mind that these first steps are done correctly – and even expedite the divorce process.
What is a Contested Divorce?
The simplest divorce process anyone can have is when both parties can agree on the divorce terms. That is known as an uncontested divorce. This is the ideal case, but it is not always that simple. If they do not agree to the terms, you have a contested divorce. If you and your husband cannot agree on divorce settlement, it would be advisable for you to hire a lawyer to help you in the process.
If your spouse does not respond to your petition for divorce by the deadline, or outright refuses to respond, you can ask the judge to grant your divorce by default. In a default judgment, the judge can award the requests that you make in your divorce petition. On the other hand, when your spouse does not answer the petition, it can be construed to be an acceptance of the terms so that the judge has no basis to deny your terms.
If a default judgement is granted, you will then have to appear in front of a judge and demonstrate that you properly served your spouse with the divorce petition on a specific hearing date.
What If My Spouse Won’t Sign the Divorce Papers?
If your spouse refuses to sign the divorce papers, your divorce is contested. Although the divorce will proceed, this will probably prolong the divorce process. If your husband or wife will not sign the divorce decree, you must schedule a hearing to present evidence to a judge, who will decide the terms of the divorce.
Q: Do They Have to Sign the Divorce Papers for it to be Final?
The short answer is no, a spouse does not have to sign the papers for a divorce decree to be final. But it makes your divorce contested, not uncontested, which generally prolongs the process. Then, if divorce involves children or properties, it gets even messier.
Similarly, you cannot block a divorce by refusing to sign the papers. Your refusal to sign divorce papers will not prevent a final divorce decree in Texas. If one party wants a legal divorce, they will receive it regardless of whether the other party signs divorce papers.
What Happens If My Spouse Doesn’t File A Response to a Divorce Petition?
If your spouse fails to respond to a divorce petition, he or she will “default.” Then you must comply with the court’s prove that you served your spouse with the divorce petition and also demonstrate that he/she didn’t respond. When applied for and ordered these two items will allow the judge to make default orders without the spouse’s input. These may include things like alimony and child support.
How to Get a Divorce in Albuquerque
So, in case you are at the beginning of the divorce process and don’t know what you need to do next, you can contact The Law Office of Anthony Griego and book an appointment. During the consultation, the office will go over your case. To get started, give us a ring at 505-508-3110 or fill out our online Contact Us form.
