her lawyer will not sign divorce papers how long do they have to sign it

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. After filing, the paperwork will be served to your spouse by a process server. Your spouse will then have 20 days to file a response with the court.

Full Answer

What happens if I don't sign the divorce papers?

Consulting a divorce lawyer in Florida is the best thing that you can do in this situation — in fact, you should be working with a divorce lawyer in Florida already — but in the meantime, this simple guide can provide you with a bit of insight if you’re ready to get a divorce but if your spouse just won’t sign the divorce papers.

Do I have to sign stipulation papers for divorce?

 · If the couple separated before December 5, 2016, and have not been apart for two years (or if they separated after December 4, 2016, and have not been separated over one year), under our law, a no-fault divorce simply is not possible as the written consent of both parties, 90 days after the divorce is filed and served upon the other party, is absolutely required, no matter …

Can I use my power of attorney to sign divorce papers?

Signing Divorce Papers. Signing divorce papers is one of the last steps in finalizing your divorce. If you're unfamiliar with how a divorce proceeds and the steps that are involved, you can find a more detailed explanation by reading this article on the divorce process.. The following information answers the most common questions about signing divorce papers, such as what …

Can I get a divorce without my spouse’s signature?

You'll file a request to enter a default along with a proposed divorce judgment after your spouse has not responded to the divorce petition within 30 days after service. The court will set a hearing date and send notice to your spouse (unless there's …

What is easiest way to have smooth divorce?

When you and your spouse agree on the divorce and can come to an agreement quickly on the various issues, such as the division of property, spousal...

Do I need spouse’s approval to file for divorce?

You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a d...

Do I need to prove spouse’s fault to get divorce?

Every state has an option for a no-fault divorce. It may go by different names in different states, but you are not forced to prove fault to obtain...

When to file for divorce based on fault?

There are situations in which you may choose to file for divorce based on fault in hopes of obtaining some benefit. For instance, in certain circum...

How to chose between filing a no-fault or fault-based divorce?

If your spouse has already stated they will not sign divorce papers, and you have not yet filed, speak with a divorce attorney about the pros and c...

What is an irretrievable breakdown divorce?

In Pennsylvania, you still have the option to file for a no-fault divorce based on the marriage being irretrievably broken. An irretrievable breakd...

What to do when spouse refuses to sign final divorce papers?

If your spouse was properly served the divorce papers, filed an uncontested response in court, then refused to sign the final divorce papers, talk...

Can I have uncontested divorce is spouse did not contest?

In some jurisdictions, if the spouse did not contest the divorce or any particular issue in their response, the judge may allow you to proceed with...

What happens to divorce case if spouse doesn’t appear on court date?

If your spouse does not attend the court date or attends and continues to not contest the divorce, the judge may enter a divorce order based on the...

How long does a court take to decide contested divorce?

Contested divorces can take weeks or months because the matter may require multiple hearings to argue the numerous issues involved.

Can I Still Get Divorced If My Husband Won't Sign The Papers?

Heather's Question: I don't think that my husband will sign the papers. How do I go about getting the divorce if he won't sign them?Brette's Answer...

How Can I Get Him to Sign Divorce Papers If He refuses?

Karan's Question: According to our religion I need my husband's signature on the divorce papers. I already filed the case and he has been served by...

Do I Need to See An Attorney Before I Sign?

Thana's Question: My husband and I don't have a lot, just our personal things and the condo we are paying on. He says that I don't need a lawyer be...

What If His Lawyer Won't Let Me Review The Papers Before Signing?

D's Question: My husband hired an attorney and had paperwork filled out. I have received a letter requesting to come in and sign but have asked for...

Is It Okay to Sign The Papers and Then Get A Lawyer to Contest It?

Michelle's Question: My husband gave me papers to sign for our divorce he initiated. He said the one attorney would represent both of us. As I read...

I Don't Agree With The Divorce Papers. Will I Have to Sign them?

Sherri Asks: My husband wants a divorce and I don't. Will I have to sign the divorce papers and what are the guidelines that have to be followed in...

What Happens If I Don't Want to Sign The Stipulation Papers?

Brandy's Question: The divorce settlement conference was completed and both parties came to an agreement. I received a notification that both parti...

How Could The Divorce Go Through If I Didn't Sign anything?

Rose's Question: My husband served me with papers six years ago after being married for 5 years. I didn't sign because he didn't want to give me th...

How Can Someone Divorce You If You Never Signed anything?

Lydia's Question: I did not want a divorce but my husband filed. Throughout the court proceedings I kept expecting to sign something. I was not ask...

What If The Signature on The Petition Isn't Mine?

Gigi's Question: The signature in the divorce petition is not mine. My husband is the petitioner. What do I do?Brette: If in fact you did not sign...

What to do if your spouse refuses to sign divorce papers?

5 Actions to Take if Your Spouse Refuses to Sign Divorce Papers. 1. You Do Not Need Your Spouse’s Consent to Obtain a Divorce. Long gone are the days when one spouse might need the other’s consent to obtain a divorce. Now, consensual, or uncontested, divorces may be easier, but they are not required. You have the right to file for divorce in ...

What happens if my spouse doesn't attend the court date?

You may have to move forward with a contested divorce, though. A court hearing will be set, and your spouse will be served with the court date .

How long does a contested divorce take?

Contested divorces can take weeks or months because the matter may require multiple hearings to argue the numerous issues involved. If you know your spouse is ready to fight you during the divorce, contact a Pittsburgh contested divorce attorney as soon as possible. 4.

How long does it take for a divorce to be finalized?

A contentious divorce can take months or years to finalize. However, if your spouse chooses to not participate, then this could lead to a speedier resolution.

What happens if you don't show up to court?

If they do not show up to court that day, the judge can enter a divorce order based on the facts in your original divorce complaint, so long as you have met all the statutory requirements for a divorce. 5. Do Not Put Your Divorce on Hold.

What to do if you expect a contested divorce?

If you expect a contested divorce , or for your spouse to ignore the proceedings, it is best to speak with a skilled divorce attorney regarding how to obtain a divorce without your spouse’s cooperation.

Can you get divorced without fault?

At this point, every state has an option for a no-fault divorce. It may go by different names in different states, but you are not forced to prove fault to obtain a divorce anywhere. However, there are situations in which you may choose to file for divorce based on fault in hopes of obtaining some benefit. For instance, in certain circumstances, proving that your spouse was at fault may help you obtain a larger property settlement, spousal support, or sole custody of your children.

Why won't my spouse sign divorce papers?

In some cases when a spouse won’t sign the divorce papers, it could be just because that person is trying to make things more difficult. If you and your spouse have not been getting along well, then your spouse might have decided not to sign the papers just to make things more complicated for you. In some cases, people believe ...

What happens if your spouse refuses to sign divorce papers?

If your spouse is not being cooperative and refuses to sign the divorce papers, it can obviously make matters even more difficult and frustrating.

Is divorce stressful in Florida?

Obviously, divorce can be a stressful and upsetting thing whether you live in Florida or anywhere else in the world. Hiring a divorce lawyer to help you with your case will help you handle it in the best way possible, though.

Is it easier to get divorced?

It’s always easier for a couple to get a divorce if they handle things amicably. Then, they can discuss matters of child custody and division of property and assets. This is not only easier for the couple, but it’s usually easier for any that are involved, too. Basically, if your spouse is not cooperating with you enough to sign the divorce papers, ...

Can a spouse get divorced if they don't sign the divorce papers?

In some cases, people believe the common misconception that their spouse cannot get a divorce if they won’t sign the divorce papers. You might be ready to end the marriage, but your spouse could be hanging on and hoping to work things out. In other cases, one spouse thinks that he or she can threaten the other spouse by saying they won’t sign the divorce papers.

What happens if your spouse doesn't sign divorce papers?

What Happens If Your Spouse Won’t Sign Divorce Papers? For a low-cost divorce, both parties must sign no matter how long they have been apart, but do not give up hope just because your spouse will not sign. Begin the divorce without your spouse’s signature, and have the paperwork ready for when they’re ready to sign. YouTube.

How long does it take to get divorced without the other party signing?

If a couple is separated the required one or two years , depending upon when the separation began as explained above, a no-fault divorce is possible without the other party signing, but under very limited circumstances. First of all, you must hire a local lawyer and file in your (or your spouse’s) county.

How long after divorce is a no fault divorce?

If the couple separated before December 5, 2016, and have not been apart for two years (or if they separated after December 4, 2016, and have not been separated over one year), under our law, a no-fault divorce simply is not possible as the written consent of both parties, 90 days after the divorce is filed and served upon the other party, is absolutely required, no matter who your lawyer may be or how much you spend on your divorce.

What is contest in divorce?

Contests are often filed just to be mean or to attempt to exert control over the other spouse’s life. Frequently, for the average person, this means filing a low-cost, simple, no-fault divorce and waiting until your spouse finally decides to sign and move on. If you have things to settle I can help you.

How can a divorce be low cost?

For a divorce to be low cost, everything about it must be simple and involve very little work for the lawyer. That can only be the case if both parties are and remain available and fully cooperative and both give written consent to the divorce, no matter how the parties have been separated. Period.

How do I contact the divorce attorney?

I urge you to call me, Monday through Friday, noon to 3 PM, toll-free at 1-800-486-4070, BEFORE you begin your case, for an absolutely free consultation about your particular situation. Alternatively, you can read our free information guide which answers many questions you may have before your divorce.

How long does it take to get divorced?

If a couple is separated the required one or two years, depending upon when the separation began as explained above, a no-fault divorce is possible without the other party signing, but under very limited circumstances.

What happens if my husband refuses to sign my divorce papers?

If he still refuses to sign, your case will proceed as a contested divorce and he will have to explain to the judge why he won't consent to the divorce.

What is the last step in a divorce?

Signing divorce papers is one of the last steps in finalizing your divorce. If you're unfamiliar with how a divorce proceeds and the steps that are involved, you can find a more detailed explanation by reading this article on the divorce process.

Do you have to sign a petition to contest divorce?

Brette Answers: You don't have to sign papers agreeing to anything. But, you do need to respond to the petition when it is filed in order to contest the divorce. It is your right to go to court and ask the judge to decide the case.

Can Brette have divorce papers?

Brette's Answer: You must have him served with divorce papers and if he does not respond the case can continue as uncontested. In your situation, it is very important that you speak with an attorney about the abuse you suffered. The court can keep your address secret so he cannot access it.

Can you sign a settlement agreement with your spouse?

Brette's Answer: It varies by state. You only sign papers if you are agreeing to what your spouse is asking for or agreeing to a settlement. If you go through a court proceeding, you appear in person and the judge makes the decision.

Should I have a lawyer review my documents?

If there isn't a lot to divide and you're in agreement, and the paperwork makes sense to you, you could decide to use your own judgment. It wouldn't cost much to pay someone to review the papers for you though, so I do recommend that. Many attorneys will be happy to bill you for just an hour of their time to discuss something like this. Call around and get some rates.

Do you have to divorce Brette?

Brette's Answer: You don't need him to agree to obtain a legal divorce. He has been served and if he decides not to respond or appear, that's up to him. A religious divorce is an entirely different matter and is one you should take up with your local religious leader.

What happens if one spouse doesn't agree to divorce?

And if one spouse won't agree to end the marriage or is trying to avoid the divorce, the process may stretch out longer than expected.

What happens if you don't respond to a divorce?

By failing to respond or appear, your spouse gives up the right to have any say in the divorce proceeding or court judgment.

What is an uncontested divorce?

The easiest type of divorce is an "uncontested" divorce, which means both spouses have filed the necessary paperwork (a divorce petition and a response) and they agree to all divorce-related issues, such as alimony (spousal support), child custody and support, and the division of property and debts.

How can resisting spouses make divorce difficult?

Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely failing to respond to a request for a divorce. Others do so by hiding or trying to avoid "service" (meaning in-person delivery) of the divorce paperwork. How a judge will treat these situations depends on ...

What is the easiest divorce?

The easiest type of divorce is an "uncontested" divorce, which means both spouses have filed the necessary paperwork (a divorce petition and a response) and they agree to all divorce-related issues, such as alimony (spousal support), child custody and support, and the division of property and debts.

Can a divorce be uncontested?

How a judge will treat these situations depends on where you live: some states will allow the divorce to proceed "uncontested," while others allow the petitioning spouse (the spouse asking for the divorce) to obtain a "default divorce.".

Can a spouse resist divorce?

Answer. Divorces, even those desired by both spouses, often get contentious. And if one spouse won't agree to end the marriage or is trying to avoid the divorce, the process may stretch out longer than expected. Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely ...

What happens if my spouse refuses to sign my divorce papers?

If your spouse refuses to sign the divorce papers, your divorce becomes contested. While the divorce will still go through, it will likely extend the divorce process. If your spouse refuses to sign the divorce decree, you will have to set a hearing and present evidence to a judge so they can determine the terms of the divorce.

Can you stop a divorce in Texas?

Likewise, you cannot stop a divorce by refusing to sign the papers. In Texas, refusing to sign divorce papers will not stop a final divorce decree. If one party is seeking a legal divorce they will get it whether the other party signs divorce papers or not.

Do you have to sign a divorce decree?

The quick answer is no, your spouse does not have to sign the papers in order for a divorce decree to be finalized. However, this makes your divorce contested rather than uncontested, which tends to drag the process out longer. This becomes even more complicated when there is property or children involved in the divorce.

Kristen Prata Browde

The delay often isn't in the court, but in the county clerk's office. Judgments are typically signed relatively quickly after the papers are submitted - but that's not the end of the process.

Jon Michael Probstein

As always, do not construe posts as legal advice but as "attorney advertising" and you should always consult with a lawyer on any legal matter. It takes as long as it takes. Call the Judge's clerk and see what the status is.

Margaret Hackett Oliver

Presuming that there is no contest regarding your divorce, the answer depends on how backed-up the clerk's office is in your jurisdiction. You can call the clerk's office to see where the file is and how soon they believe your case will be processed. Try this site for more information: http://www.bing.com/search?q=Manhattan+Family+Court&FORM=R5FD

How long does it take to get divorced without a divorce petition?

In some states, if your spouse does not respond within 30 days, you may file a petition requesting a default judgment. The judge will likely hold a hearing where you and your attorney appear at the court. You will discuss your divorce petition and the judge may grant the divorce without your spouse ever attending court.

What is an uncontested divorce?

An uncontested divorce occurs when your spouse is cooperative in the beginning of the divorce process. If you’ve gone through mediation and your spouse signs the original agreement that goes over custody, alimony, etc, however, will not sign the divorce papers, the judge may hold an uncontested hearing.

What happens if a divorce lawyer refuses to sign?

The only reason you and your trusted attorney are trying that route is to expedite the divorce, so if she refuses to sign, you move on with the divorce anyway.

How long do you have to be separated to get divorced in Virginia?

She does not have to be a willing party to your divorce, though the proceedings will go more smoothly if she is. Once you two are legally separated for six months (with no children) or a year (with children), you can file for divorce in Virginia. Be Assertive ….

What are the reactions to divorce?

Divorce is extremely stressful; few people would say they actually enjoyed going through all the proceedings and paperwork of a divorce. Natural reactions to divorce are the same as to any stressor: 1 Anger 2 Denial 3 Regret 4 Helplessness 5 Frustration 6 Depression 7 Bargaining 8 Acceptance

How to contact the firm for men?

Take the high road and contact The Firm for Men, or call us at 757-383-9184. We can help you deal with irrational behavior, frustration, anger and a host of other emotions. Whether they come from you or from your wife, we can listen, guide, and advise. And we hardly ever put anybody in time-out.

Can you divorce with no time out?

Yet you can also divorce with no time out, if you can prove fault grounds. Your wife has to have done some fairly horrid stuff, though:

Is divorce stressful?

Divorce is extremely stressful; few people would say they actually enjoyed going through all the proceedings and paperwork of a divorce. Natural reactions to divorce are the same as to any stressor:

Can a lawyer assert power over a child?

You as a parent have to assert your power over your child. Lawyers are, in one way, like “super-adults,” in that we can use the law to assert power over an uncooperative wife. From your perspective, her actions and reactions will no longer matter once you file for divorce.