Do you have to sign divorce papers?
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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.
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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:
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:
Related: Irreconcilable Differences
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:
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
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.
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
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:
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
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
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:
When they are granted a default judgment, they will be granted these terms.
Related: How to Leave Your Husband
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
If you want the best divorce attorneys to represent you, fill out the form below.
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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.
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