What If I Don’T Agree To A Divorce?

What happens if your spouse won’t sign divorce papers?

If one spouse won’t make an agreement on how to end the marriage, the divorce process can drag on longer than expected.

You typically have 30 days to respond to divorce papers.

If you fail to respond, the family court judge can issue default judgment, which means the terms proposed by your spouse will be granted..

Can a spouse drag out a divorce?

A divorce begins when either spouse files a divorce petition. Spouses can speed up the process by making their divorce uncontested—meaning both spouses agree to all of the terms in the petition.

Can a divorce be declined?

In the event that the divorce is contested, the judge may deny a divorce if they do not deem there to be sufficient grounds for the divorce. This however is very rare, and it is generally quite unlikely that a judge will refuse to grant the divorce.

Can you say no to a divorce?

When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. … If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property.

What happens if I don’t agree to divorce?

Refusing to sign divorce papers within the 30-day window in California will result in a default divorce. A default divorce means the petitioner does not need to go to court to complete the dissolution of the marriage. Instead, the petitioner can handle the case by mail or a short meeting with a judge.

Why would a divorce be denied?

A procedural mishap is the most common reason your divorce filing may be rejected. … You may not meet the residency requirements to file for divorce in the state in which you filed. You may have missed a required court form in your filing. You may not have appropriately served your spouse with the divorce papers.

Can my wife divorce me if I don’t sign?

Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you do not need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

Can my husband divorce me without my knowledge?

You can not be divorced without your knowledge as you must be served with the Petition.

Can you change your mind after filing for a divorce?

If you change your mind soon after the Petition is filed, the court may allow you to withdraw the Petition, which would put an end to the divorce case.

Can you get divorced if the other person doesn’t want to?

If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.

What if I don’t want to get divorced?

What if You Don’t Want a Divorce? If you don’t want a divorce but your spouse does, you should consider suggesting counseling or a trial separation. … If your spouse is committed to divorce and not interested in exploring alternatives, your husband or wife can file for divorce even if you do not want to end the marriage.