what if you file for divorce and your spouse doesn't have a lawyer

When your spouse does not hire an attorney, they will act as their own legal representation, whereas you will have a lawyer to advise you and to speak for you. This means your lawyer and your spouse will pass information between one another for the purpose of the divorce.

Full Answer

What if my spouse has a divorce lawyer and I don't?

 · If you and your spouse want an amicable, non-confrontational divorce his or her lack of an attorney may not be a problem. As long as you’re getting good advice and are fully informed of the law and how certain decisions may impact your future life, not having an attorney is your spouse’s problem, as long as he has had an opportunity to seek counsel. Your attorney …

Why doesn’t my Ex have a divorce lawyer?

 · Mediation Using a Neutral Attorney. If you worry that an attorney will drag on the divorce process and cost you your life savings, then consider mediation. Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice.

What happens if my spouse fails to file for divorce?

 · 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. Does My Spouse Have to Sign the Divorce Papers in Order for it to go Through? The quick answer is no, your spouse does not have to sign the papers in order for a divorce decree to be finalized. However, …

Can I hire a divorce attorney hired by my spouse?

 · Besides, there are some measures that are needed to be fully considered before taking a divorce without a lawyer like, talk with your spouse about any future problems that might incur related to your marriage, what to do in case one of …

Can I divorce my husband without him knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

What happens if one spouse doesn't want a divorce?

If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate. Collaborative divorce won't work. You will have to litigate your divorce.

What can I do if my husband refuses to leave?

You may be able to physically remove your spouse from the marital home by securing a temporary order from the family court. Depending on where you live, you may have to file a divorce petition first.

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Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

What Happens If My Spouse Refuses to Sign the 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.

Does My Spouse Have to Sign the Divorce Papers in Order for it to go Through?

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.

Learn How to Get a Divorce in Bexar County

If you’re beginning the divorce process and aren’t sure what steps you need to take, you can read or download our How to Get a Divorce Guide. The guide goes over the steps that need to be taken in both contested and uncontested divorce scenarios.

When can a lawyer be needed?

In most cases, a lawyer is involved when the couple has children so that a mutual agreement could be made between both the partners. Moreover, when there are shared marital assets to be divided, then a legal process is mandatory to make sure that each partner gets an equal and fair share.

In what cases is a lawyer not needed?

Majorly, it is preferred that the divorce procedure should be done with the help of a divorce lawyer.

Can you put your divorce on hold?

Do Not Put Your Divorce on Hold. You may think that your spouse’s lack of consent or cooperation will delay your divorce. This is not necessarily true. The way in which your spouse can delay the final divorce order is by actively participating in the proceedings and arguing about each underlying issue.

Can a divorce go smoothly?

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.

Is divorce easy?

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.

What happens if you contest a divorce?

If they attend and openly contest the divorce or a particular issue, then each side must present testimony and evidence regarding their preferred outcome.

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.

Can a divorce be delayed?

You may think that your spouse’s lack of consent or cooperation will delay your divorce. This is not necessarily true. The way in which your spouse can delay the final divorce order is by actively participating in the proceedings and arguing about each underlying issue. 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.

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.

Requesting a Default

"Default" is the legal term to describe the failure to respond to a lawsuit, including a divorce petition or complaint. In the divorce context, if you serve your spouse with a divorce complaint, and it goes unanswered, you can ask a judge to grant your divorce by default.

Requirements in a Default Hearing

Depending on your state's laws, you'll probably have to let your spouse know about the default hearing. In New Jersey, for example, you have to legally notify your spouse of the hearing date and provide the details of your requests for spousal support (alimony), child support, child custody, and marital property.

Even When You Think It's Over--It Might Not Be

So you've had your default hearing, you proved your case to the judge's satisfaction, and you joyously walked out of court with the written divorce judgment clutched close to your heart. But a few weeks later, you get a letter stating that your spouse wants to reopen the case (vacate or set aside the default).

What happens if you don't answer a divorce petition?

Without an answer, you could end up with orders against you that never would have happened if you’d answered and showed up at the hearing. These orders can’t be changed down the road, and the divorce process could be longer and more painful if you don’t participate.

Is divorce a marriage?

Divorce is something that no married couple ever wants to experience, but when there are irreconcilable differences in the relationship, there is sometimes no other option. What many spouses fail to understand is that, even though marriage requires the consent of both people, divorce requires the consent of only one partner.

How long does it take to get a summons for divorce?

It informs the recipient of the number of days they have to respond to the summons, known as the “protected period,” which is usually 20 days.

What is a counterclaim in a divorce?

A counterclaim allows you to petition the court for relief and address issues not mentioned in the divorce complaint. Child custody is a common issue brought up in counterclaims; in the original divorce petition, for example, the spouse may have requested full custody, but the counterclaim gives you the opportunity to deny ...

What is child custody in a divorce?

Child custody is a common issue brought up in counterclaims; in the original divorce petition, for example, the spouse may have requested full custody, but the counterclaim gives you the opportunity to deny the request and ask for full custody.

When did the wedding of the bride take place?

The wedding took place on December 6, 1998.”. When you go to court, you’ll have the opportunity to explain yourself in more detail than you were able to in your answer. After you’ve written your answer addressing all the facts and issues, you should sign and date it and make copies for everyone involved.

How to Get a Divorce When You Can't Find or Serve Your Spouse

No court can begin processing a divorce request until the filing spouse "serves" (notifies) the other spouse with divorce papers. But successfully serving your spouse without a current address can be a problem.

Alternative Methods of Serving Your Spouse Divorce Papers

If you can't find your spouse, you can ask the court to use an alternative method of service, such as publication in a newspaper.

What Happens After You've Served Your Missing Spouse

After you've completed the steps required to serve your spouse (whether by traditional service, service by publication, or another method), your spouse has a certain period of time (usually up to 28 days) to respond. Usually, a spouse responds to a divorce petition by agreeing or disagreeing with the statements in the petition or complaint.

If Your Spouse Responds: Other Options

If your spouse responds to the divorce petition after you serve notice by publication or another alternative means, you won't be able to get a default divorce. Depending on your state's laws, you might have to refile your petition or your case might be converted to a standard divorce.

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 petition?

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

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.".

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.