Family Law Attorney Explains Default Divorce
Unfortunately, even though a divorce is inevitable, some spouses still refuse to sign divorce papers. If your spouse refuses to sign the divorce papers, you can still move forward with the divorce by filing as the sole petitioner.
When a Signature is Necessary
A signature on divorce papers is only necessary if you're filing a joint petition for divorce. As an alternative, you can obtain a legal complaint for divorce and file it with the court. Your family law attorney will know what steps you need to take based on your own unique circumstances.
Consent of Spouse Not Needed
Divorce proceedings may be initiated even if your spouse does not consent to the divorce. You'll need to cite irreconcilable differences or select the no-fault option to show that your marriage is irreparable. Even if your spouse refuses to participate in the divorce proceedings, her refusal cannot stop the court from granting the divorce under those circumstances.
Once you properly file the petition, a summons is issued. A process server serves the summons on the other party: you're not allowed to serve the papers. An established amount of time is given in order for your spouse to respond. If she does not respond after the time is up, the divorce process moves into the default hearing stage.
For more information on divorces -- whether they are contested, uncontested or granted by default -- contact us. We will review your circumstances to advise you accordingly, making sure you're properly represented throughout this difficult time.