What do you do when your spouse refuses to sign the divorce papers? Signing divorce papers is a very difficult thing to do and it may be especially hard if you have children. Because if you have children and worried about his/her custody, instantly you would have to consul with a Dallas child custody lawyer, right? Moreover, you probably want the divorce finalized with all of your property split fair and equitable, but your spouse says they are not signing the papers. This post will give you some ideas for what to do about a spouse that won’t sign the papers.
Consult a Divorce Lawyer
By submitting a petition for divorce, which notifies both your partner and the court that you desire a divorce, you start the divorce proceedings. The party who petitions for divorce is known as the Respondent, and it is their duty to notify their spouse, the Respondent, in writing of the petition. After being filed with the divorce petition, the defendant has 20 days to submit an answer informing the court of receipt.
While it isn’t always necessary to hire a divorce lawyer, doing so can provide you a sense of confidence that these preliminary measures are being taken properly and perhaps speed up the divorce proceedings.
Disputed vs Unresolved
When both sides accept the conditions of the divorce, it is the simplest divorce process one may go through. It’s referred to as an uncontested divorce. Although this is the ideal situation, it is not usually so straightforward. If the Respondent rejects your demands, your divorce may be contentious. It is important to employ a lawyer to help you navigate the procedure if you and your spouse disagree on the terms of the divorce case.
What Takes Place If My Partner Failed to Accept the Divorce Papers?
Your divorce gets contentious if your spouse declines to accept the divorce documents. Even if the divorce will still proceed, the process will probably take longer. You will need to schedule a hearing and provide documentation to the court so they can decide the conditions of the divorce if your partner refuses to sign the decree of divorce.
Does My Spouse Need to Sign the Divorce Documents for it to Be Final?
The simple answer is no, a divorce decree cannot be final unless your spouse signs the divorce paperwork. This turns your divorce into a contentious one as opposed to an uncontested one, which prolongs the process. When there are assets or minor children in the divorce, this is made more difficult.
What Will Happen If My Partner Doesn’t Answer a Divorce Petition?
When a divorce petition is not answered by your spouse, the spouse will “default.” In order to establish that the divorce petition was delivered to your spouse and that they did not reply, you must submit a statement to the court. The judge can make default decisions without the spouse’s input after these two items are provided. Among them may be obligations like child support or alimony.
You don’t have to give up your dreams just because you’re married. Your spouse may be a great partner, but if things aren’t working out, you shouldn’t feel like you have to remain married to hold onto that relationship. While your other half may not sign off on the divorce papers, many couples go through with a divorce without their partner’s consent.