If Your Spouse Refuses To Sign The Divorce Papers

 Getting a divorce from a partner who is unwilling to cooperate can be challenging. You may wonder what to do when your partner does not want to sign the divorce papers. It is wise to consult a competent lawyer to obtain a divorce without your partner's participation.

 

However, if the other person cooperates, it can be smoother. With that being said, here are some things to consider

 

It is not a necessity to receive approval from one's spouse to file for a divorce

 

It is no longer necessary to gain a partner's approval to break away from a marriage legally, but it can make the process simpler. You are permitted to file for divorce in a court that is allowed to take up your marital issue and look for a dissolution of your marriage both with and without their approval or involvement. Still, it is essential to recognize that your spouse's feelings will affect what steps you are required to take to terminate your relationship. In my case, both sides agreed so the process was simple.

 

Identify the legitimate reasons for ending a marriage

 

Individuals can file for a no-fault divorce. But, some people may prefer to file for a fault-based divorce since it can have certain advantages. For example, suppose a person can demonstrate that their partner is at fault. In that case, they may secure a bigger division of possessions, alimony, or exclusive custody of the kids. Talk to a divorce lawyer about the advantages and disadvantages of filing a no-fault or fault-based divorce.

 

Has your spouse submitted their response to the divorce petition?

 

If your partner was legally given the divorce documents and then submitted an uncontested answer in court but did not sign the last divorce papers, you should consult a lawyer about your option to proceed with an uncontested divorce. For example, if the spouse did not challenge the divorce or any matter in their answer, the judge might allow you to go ahead with an uncontested divorce.

 

During this process, you and your partner will be given a date to appear in court. If your partner does not come to the court hearing or shows up but does not challenge the divorce, a judge may issue a divorce decree based on the facts you provided and your spouse's response.

In the event of a contested divorce, a court hearing will be scheduled.

 

Refrain from postponing your divorce proceedings

 

You could believe that not getting your partner's approval or assistance will slow the divorce process. This isn't necessarily accurate. Your spouse can postpone the official divorce decree by actively participating in the proceedings and disputing each individual problem. A contentious divorce can drag on for months or even years to be completed. However, if your partner opts not to get involved, it may result in a swifter outcome.

 Hasib Afzal

Previous
Previous

Blindsided by Divorce

Next
Next

For A Happier New Year