my ex lawyer will not sign divorce papers what to do

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.

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 my spouse file a motion for default judgment?

You may have had trouble with your spouse right from the start. Despite properly filing for divorce and serving them with the divorce papers, your spouse may have not responded in time. That is, they failed to file a written response with the court. In this situation, your attorney may file a motion for default judgment.

Why does my spouse refuse to sign divorce papers?

Talk to your attorney about how to proceed. Another common reason we see for a spouse to refuse to sign divorce documents is simply to make things more 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.

How long does it take to file a divorce petition without a spouse's signature?

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. At this point, it will be in their best interest to finally respond to your filing; if they don’t respond within 20 days, ...

Can a spouse show up at a default hearing?

Assuming your spouse has still refused to show, the court will generally grant the reasonable requests of whichever spouse has appeared at the default hearing. However, you should still speak to an attorney about these matters.

Can a divorce be emotionally difficult?

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, it can make things even more difficult and frustrating for you. If you’ve made the decision to get a divorce, you’re probably ready to move ahead with it so that you can focus on getting ...

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.

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 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.

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 ...

Can a spouse be located for service?

It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear. At the hearing the judge may issue a ruling based entirely on what is stated in your divorce petition (or based on what you proved to the court) and then issue your divorce orders and judgment.

Does My Spouse Have to Sign The Divorce Papers for the Divorce to Go Through?

Short answer: no, your spouse does not have to sign the divorce papers for your divorce to be finalized. In Texas, one spouse refusing to sign divorce papers does not completely stop a divorce from proceeding.

Legal Options When Spouse Refuses to Sign Divorce Papers in Texas

Once your spouse decides they are not going to cooperate, your divorce is considered a “contested divorce.” While it can be extremely trying to experience the divorce process with an unwilling spouse, there are legal options. The best one for you may depend on your specific situation.

Let a Qualified Texas Divorce Attorney Help You

The Larson Law Office has had the pleasure of assisting many clients in the Houston, Texas area. When clients seek help from our firm, they can feel confident knowing our skilled attorneys have the knowledge and experience required to handle their cases.

What happens if my spouse refuses to sign divorce papers?

If your spouse is refusing to sign the divorce papers, the finalization of your divorce can take significantly longer. Continue reading to learn more about what steps you should take if your spouse is contesting your impending divorce.

How to get divorce without spouse's signature?

How to Obtain a Divorce without Your Spouse’s Signature. When filing for divorce, you will more than likely, at first, seek a divorce under no-fault grounds, which essentially just states that your marriage has irretrievably broken down but neither party is to blame for the marriage having ended. However, if your spouse refuses to consent ...

Why does my spouse refuse to divorce me?

There are many reasons why your spouse may refuse to consent to a divorce. Maybe they are still in love and hoping to make the marriage work, or perhaps they are abusing you and refusing to allow you to live your life , as is your right.

Can you stay in a marriage in Pennsylvania if your spouse refuses to sign divorce papers?

In any case, the Pennsylvania courts do not expect someone to remain in a marriage that they do not want to be in. If your spouse is refusing to sign divorce papers, you need to know that you do have other options available to you.

Can you file for divorce on fault grounds?

But the good news is that in many instances, filing on fault grounds will result in your spouse taking you seriously, at which point the divorce process may go more smoothly and a divorce settlement can be reached.

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.

Is it a good idea to have a lawyer review the documents before signing them?

Brette's Answer: It's always a good idea to have a lawyer review the documents before you sign them. 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.

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.