Do You Have To Sign Divorce Papers?

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Do You Have To Sign Divorce Papers - Husband Filed For Divorce But I Dont Want One - Husband Wont Sign Divorce Papers

Do you have to sign divorce papers? 

In this article, we’re covering topics like:

  • do you have to sign divorce papers
  • what happens if you don’t sign the papers
  • what if one spouse doesn’t want a divorce
  • can you still get s divorce if your spouse won’t sign
  • what to do if your husband filed for divorce but you don’t want one
  • can you refuse a divorce

So, let’s dig in. 

Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. 

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Do You Have To Sign Divorce Papers

Do you have to sign divorce papers that have been served to you?

You do not have to sign divorce papers, but there are consequences. 

If you don’t sign divorce papers, the outcomes are that:

You don’t have to sign divorce papers. 

But that won’t stop your spouse from being able to get a divorce

If you sign the divorce papers, you can potentially have an uncontested divorce

There are a couple of advantages to an uncontested divorce:

  • you can negotiate the terms of your divorce settlement
  • you can save about $15,000 on the cost of divorce

If you don’t sign the divorce papers, it becomes a contested divorce. 

And your spouse will most like get a default judgment. 

When they file the divorce papers, they will include their desired outcome for topics like:

  • alimony
  • child custody
  • visitation schedules
  • child support
  • how to split assets
  • how to split debts

Related: Irreconcilable Differences

I Want A Divorce But My Husband Doesn't

You might be faced with, “I want a divorce but my husband doesn’t.”

What can you do when your husband doesn’t want a divorce?

If you want a divorce but your husband doesn’t, you will have to go to court. 

The steps you need to take if you want a divorce but your husband doesn’t are:

  • hire a divorce lawyer
  • file a Petition for Divorce
  • ask for temporary orders
  • serve your spouse the divorce papers
  • wait on them to respond to the divorce papers
  • negotiate things like child support, child custody, alimony, etc.
  • show up to the divorce hearing
  • receive your divorce judgment from the courts

You might be stuck in, “I want a divorce, but my husband doesn’t.”

But you can still get divorced even if your husband doesn’t want to. 

If your husband doesn’t want to get divorced, it doesn’t mean that you can’t get a divorce. 

Let’s talk about what to do if your husband won’t sign divorce papers.

Related: Divorce Statistics 

Husband Won't Sign Divorce Papers

What can you do if your husband won’t sign divorce papers. 

If your husband won’t sign the divorce papers, you’re facing a contested divorce

To file a contested divorce, you must file a petition in the family court in your jurisdiction.

To get a contested divorce, only you need to sign the divorce papers to file them. 

So, if your husband won’t sign the divorce papers, you can still get a divorce. 

But your husband must get notified that you filed for divorce. 

This is accomplished by serving the papers through the sheriff’s office. 

This gives your husband a chance to appear in court. 

It also gives them the chance to be involved in the divorce settlement

If he does not show up to court, the judge will grant you a default divorce. 

Even if your husband won’t sign divorce papers, you are free to pursue a contested divorce. 

Related: Does It Matter Who Files for Divorce First

What If One Spouse Doesn't Want A Divorce

State laws vary on what if one spouse doesn’t want a divorce. 

But if one spouse doesn’t want a divorce, you have options. 

Your spouse has 30 days to respond to the divorce papers.

After that, you may file a request to get a default judgment. 

This may also be allowed when your spouse cannot be located to serve divorce papers. 

The courts will set a hearing date and make you show up to court. 

If your requests are reasonable, they will grant you a default judgment. 

Related: Grounds for Full Custody of Child

Can You Still Get A Divorce If Your Spouse Wont Sign

Let’s say that your spouse won’t sign divorce papers. 

Can you still get a divorce if your spouse won’t sign the papers? 

Even if your spouse won’t sign, you can still get a divorce. 

You can still get a divorce if your spouse won’t sign as long as you:

  • meet the jurisdictional requirements for divorce
  • properly file your divorce papers
  • formally serve your spouse with divorce papers

If you follow the process correctly, you can still get a divorce if your spouse won’t sign. 

If your spouse won’t sign, it becomes a contested divorce. 

A contested divorce will require a court hearing

This allows both parties to present their evidence if needed. 

But sometimes the spouse won’t show up to court. 

Or the court officials cannot contact that spouse for the hearing. 

In this case, the judge may give you a default judgment. 

In most cases, you will have given the judge your “ideal outcome” for the divorce. 

If your ideal outcome is reasonable, the judge will grant you everything you want. 

You should hire a divorce lawyer if you think your spouse won’t sign. 

They can guide you on how to proceed with the divorce process

This will give you the best chances of success. 

Related: I Want To Leave My Husband

I Don't Want A Divorce

Do you have options if you don’t want a divorce?

If your spouse is dead set on a divorce, then you don’t have many options. 

But if there is a chance that they are willing to work things out, then you have options. 

If you don’t want a divorce, you can suggest marriage counseling or trial separation. 

Marriage counseling focuses on rebuilding the relationship. 

And resolving issues that your marriage has. 

If you do a trial separation, consider getting a separation agreement

This sets clear parameters for the separation period. 

These parameters include scenarios like child visitation

Related: Questions to Ask A Divorce Lawyer

Can You Refuse Divorce

You can refuse to divorce and not sign the divorce papers. 

But this won’t keep the divorce from happening. 

Your spouse can just file for a contested divorce. 

And, for a contested divorce, the petition for divorce includes their desired outcomes for:

  • how property gets divided
  • child support payments
  • child custody arrangements 

When they are granted a default judgment, they will be granted these terms.

Related: How to Leave Your Husband

Husband Filed For Divorce But I Dont Want One

Do you have any options when your husband filed for divorce but you don’t want one?

Unfortunately, if your husband filed for divorce but you don’t want one, you don’t have many options. 

The divorce becomes contested. 

And the courts will proceed with divorce whether you want one or not. 

Related: How Long Does A Divorce Take

Do You Have To Sign Divorce Papers?

If you want the best divorce attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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