Can You Still Get a Divorce if Your Spouse Won't Sign
What to Exercise If Your Spouse Won't Sign the Divorce Papers
Even the most amicable of divorces can be emotionally trying and tiring to navigate. But if your spouse is uncooperative and refuses to sign the divorce papers, information technology can make things even more difficult and frustrating for you. If you've made the conclusion to get a divorce, you're probably ready to movement alee with it so that you can focus on getting a fresh start. Having your spouse dig in their heels and refuse to sign the documents might get out you feeling aroused, confused, and desperate to move things forth. If you're in this situation, here'southward what you lot demand to know about how to proceed.
Why Aren't They Signing?
Commencement and foremost, it'south important to try to understand the reasons for your spouse refusing to sign. There can exist many different motivations for this action. Are they still hoping to work things out and preserve your matrimony? In these cases, sitting down and clearly explaining to your spouse that you're not happy in your matrimony any longer may be able to persuade them to sign.
Are they trying to employ this refusal as leverage to get yous to give up certain assets or custody of your children? Some people think that refusing to sign will give them power over their spouse, making the other political party drastic plenty that they'll make sacrifices simply to movement the divorce along. If you call up this is their motivation, don't give into their manipulations. Talk to your attorney about how to proceed.
Some other mutual reason we come across for a spouse to reject to sign divorce documents is only to make things more than difficult for their spouse. Divorces can often bring out the worst in people, and a spouse may refuse to sign the paperwork for a while solely to cause trouble. While it's a somewhat petty activity, both spouses usually end up signing the paperwork in the end, as it'south clear that neither of them are happy.
Why practice your spouse'due south motivations thing? Simply put, knowing the reason behind their refusal to sign helps you to better sympathize the best fashion to respond to this activeness. Whether you need to but sit and have a talk, wait it out, or describe a hard line with negotiations will be based on what your spouse is hoping to achieve by refusing to sign the paperwork.
Can You Still Get a Divorce?
If your spouse has refused to sign the divorce papers, you might be panicking and wondering if you can still get a divorce or if you're stuck in the union because of their action. The expert news is that about states, including Florida, are "no-mistake" states; this means you don't have to evidence that ane spouse has done something wrong that led to the divorce. Rather, you tin can simply state that you experience the union is unsalvageable and keep to file for divorce.
Y'all and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be washed without a spouse's signature. Afterwards filing, the paperwork will exist served to your spouse by a process server. Your spouse will and then have 20 days to file a response with the courtroom. At this point, it will exist in their best interest to finally respond to your filing; if they don't reply within 20 days, the courtroom will rule information technology to be an uncontested divorce.
Assuming your spouse does not file a response, a approximate volition file a default hearing on your uncontested divorce. You must nourish and asking the divorce in person; the court volition then ask you about matters regarding property division and child custody. Assuming your spouse has withal refused to show, the court volition generally grant the reasonable requests of whichever spouse has appeared at the default hearing. However, y'all should even so speak to an attorney almost these matters.
Possible Complications
So, if you can file a petition to end your spousal relationship without your spouse'due south signature, y'all might be wondering what all the fuss is nearly. Why bother trying to become your spouse to sign documents at all? The simple truth of information technology is that proceeding with a divorce is always easier when both parties are able to cooperate with one some other.
If your spouse is refusing to sign the paperwork they've been served, then odds are that they're not going to be very cooperative in negotiating important facets of your divorce, such as division of avails, spousal support, and child custody issues. This can lead to a host of complications after you file your Petition for Dissolution of Union, so information technology's incredibly of import yous have a skilled divorce attorney on your side.
If you've filed for divorce and your spouse has refused to sign the paperwork, contact Harr Law to schedule a consultation. Nosotros'll provide you with expert advice on the all-time way to continue.
Source: https://harrlawfirm.com/news/what-to-do-spouse-wont-sign-divorce-papers/
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