Want a Divorce but your Spouse Won’t Sign the Papers?

Spouse Won't Sign Divorce Papers

The idea of divorce is difficult for some people to grasp. Sometimes this is due to culture or religion. A person may be embarrassed when their spouse wants a divorce, wondering how it will affect their reputation. The person could still be in love with their spouse but lost touch with those feelings over the years, getting too comfortable and taking their mate for granted. Another thing that may happen is they find it a personal affront and push back. Or maybe getting served with divorce papers is a complete shock and they are in a state of denial. Whatever the reason, just because you want to split doesn’t mean that your partner will accept it right away. There may be a back and forth or a very uncomfortable period of transition. But what do you do when you want a divorce but your spouse refuses to sign the papers?

Sit down and calmly discuss the issue; this could be a very serious and heart wrenching conversation. When served with papers, a spouse may ignore them, refuse to sign, or simply fail to respond (http://www.divorcenet.com/legal-advice/divorce/divorce-basics/what-can-i-husband-wont-sign-the-divorce-papers). This will significantly prolong the process. If there is simply no way of reconciliation, you need to address this directly with him or her and tell them why. If you can’t change their mind, and they are digging in and not budging, some states will let you file a default. A default is when a spouse hasn’t responded for 30 days or hasn’t been located to serve papers to. If this is the case, you can file a proposed judgment along with your default. A hearing date will be set and you will be required to appear before the court. You will get the chance to present your case to the judge and a ruling will be made. If your spouse doesn’t show up, they wave their right to a ruling and a judgment is made based on what you say. If you have served divorce papers and your spouse has failed to respond within sufficient time, seek out a reputable divorce lawyer.

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Tips of Divorce articles are written by our expert team consisting of a recent divorcee, the creator of the website, a lawyer, a journalist, and content managers who edit and publish the articles. All contributors to this site have been impacted by divorce in their family and/or social lives. Our writers come from a wide array of backgrounds to give insights not only into life during and after divorce, but also married life, being a child of divorce, handling the legal aspects of divorce, dating and cohabitating, and more! Divorce has become so commonplace that it's difficult to find anyone who hasn't been affected by it in some way. In fact, recent studies show that many young people avoid marriage out of fear of getting divorced down the line. Divorce truly has an impact on society as a whole, not only the individuals who are directly experiencing it. This is why we encourage our followers to contribute personal insights, stories, and thoughts regarding divorce so that we can gather knowledge and wisdom from various perspectives to be used for future tips to help others.

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