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
Sometimes, it is impossible to move forward with a divorce without using a lawyer and litigation to fight for justice. Do I need a lawyer for an uncontested divorce? The short answer is no. It is entirely possible and doable to complete your divorce without a lawyer.
If your spouse was properly served the divorce papers, filed an uncontested response in court, then refused to sign the final divorce papers, talk with an attorney about your option to proceed with an uncontested divorce.
Regardless of the specifics of each case, the uncontested divorce procedure always starts with one spouse filing initial petition documents with their local court. Depending on your filing state, the initial document may be called a Petition for Divorce, Complaint, or Joint Petition.
An uncontested divorce hearing is typically brief. One or both spouses may be obliged to attend it. The judge will review the couple's agreements and may ask the parties some questions about it to verify its contents and to make sure that the agreement is fair to both parties and meets the requirements of the state family law.
If the parties have agreed on the essential terms of their separation, including financial issues, child custody, and property distribution, they c...
To begin your case, the filing spouse must prepare and submit the initial divorce forms with the court. Once received, the clerk will assign a case...
An uncontested divorce hearing is typically a brief formal procedure. Depending on the state, one or both spouses may have to attend the hearing an...
Depending on the state and county, the plaintiff typically obtains the necessary legal forms at the Clerk’s Office or the local law library. Some s...
Each divorce case is unique, and a lot depends on the state where the lawsuit is filed and the personal circumstances of the couple. Sometimes, the...
After filing for divorce, the plaintiff usually has to notify the other spouse about the case, by serving him or her with copies of the divorce pap...
Specifically, if spouses cannot reach an agreement, the court can make orders on property division, child custody, spousal support, child support, and attorneys fees. To start a divorce case, the filing spouse will file a divorce petition or complaint with the court.
As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval.
Contested cases usually have more forms because the spouses will most likely be going to court for hearings or a trial. The package of forms that a couple will need to file to get a divorce depends on many things, including: the state/county of residence; the type of service used for the court papers;
Service rules vary, but service can usually be done by a process server or by someone who is not involved in the case, over the age of 21. Some states allow the spouses to file for divorce jointly as co-petitioners so that they can skip the "service of process" stage to get an uncontested divorce.
In an uncontested divorce, the spouses can divide their property and assets at their own discretion by putting the agreed-upon terms into a settlement agreement. The judge will review the agreement and will typically approve the agreement, and the divorce, if it’s fair and does not violate case law.
What is an Uncontested Divorce. According to statistics, about 95 percent of all divorce cases in the US are now settled out-of-court. However, the definition of the term "uncontested divorce" is still not fully understood.
Some states require that the filing spouse live in the state for 6 weeks before filing a divorce, and other states require that the spouse live there for at least 1 year. You should be able to find your state’s residency requirements on your local court’s website, or in your state’s Family Law Code.
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 ...
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.
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 .
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.
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.
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.
Divorce is never an easy process. However, it can go relatively smoothly so long as your spouse cooperates. 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 support, and child custody, then you may manage to have as easy a divorce as is possible.
Your spouse can’t sign what they haven’t received. So, the first step is to make sure that your spouse has received a petition for dissolution of marriage that you’ve filed with the family court in your jurisdiction. Note that your spouse does not need to sign the petition itself for you to file.
Your spouse may refuse to cooperate with your divorce for a variety of reasons.
When your spouse responds to the divorce papers within 30 days but refuses to sign them, the divorce is now considered “contested,” meaning that the two parties of the marriage cannot agree on the issues and terms of the divorce and require a judge to make determinations on their behalf.
Whether you’re filing for divorce or have been served divorce papers, you may feel like your world has come crashing down around you. It’s a very vulnerable and confusing place to be in, which is why you need the best legal counsel possible to navigate all the ins and outs of divorce law.
According to Forbes, more than 50 percent of marriages end in divorce. No matter how common, divorces are often an emotionally trying time, even if both spouses can cooperate while agreeing on who gets what.
If little progress has been made after having a conversation with your spouse about why he or she is refusing to sign papers, it may be time to file a contested divorce. An uncontested divorce is smoother and often preferable but not always feasible depending on your situation.