If you have filed for divorce under fault grounds for a reason, such as a hope that the court will award you a larger portion of the marital property based on your spouse's actions during the divorce, you are free to pursue a contested divorce whether your spouse signs the papers or not. To file a contested divorce action, you must file a petition in the family court in your jurisdiction.
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There is no need for your spouse to sign the petition; however, you will probably be required to serve your spouse with the petition in person. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce.
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One way to prevent this problem is to agree to file the divorce under no fault grounds, after which you may find it easier to persuade your spouse to sign the papers. As of , all 50 states offer the no-fault divorce option of irreconcilable differences.
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Filing a divorce under this option eliminates the traditional finger pointing that often leads to refusal to sign by one spouse. When filing using this option, only list and answer the required questions and avoid specifying any actual reasons for the divorce. Additionally, give the opposing spouse notice that you will be filing the divorce papers as no-fault. Avoiding a surprise can often help couples avoid the dreaded refusal. Modernly, courts have moved past the traditional requirements of finding cause for a divorce.
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In fact, every court offers no-fault divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested.
Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. 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. That is why you hired us — to help guide you through the process, and to ensure that the process moves forward as smoothly as possible. If your spouse fails to participate in the divorce process, you have options.
You are not required to remain married to someone if it is your desire to be divorced. At some point, he or she will have run down the clock and respond. If this takes too long, you can request that the judge issue a default judgment so that you can finalize the divorce. The court would first issue an order of default, which essentially says that the plaintiff has prevailed because the defendant failed to participate in the case.
The judge can see what your spouse is doing.rinitafela.ml
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If your spouse is simply trying to obstruct the process, the judge has the option to order that he or she pay additional attorney fees and court costs associated with the delays. Our team of skilled divorce attorneys in Columbia have worked with families of all types and income levels, throughout Howard County.
We also maintain offices in Fulton, Rockville and Bethesda to serve you. How to Deal with Divorce Stalling Tactics. There are countless reasons a spouse might try to delay divorce proceedings, such as: Unhappiness about the divorce Desire to make the divorce process as long and difficult as possible Revenge or punishment Fear about losing support Fears about custody arrangements Hope of a financial gain When your former partner attempts to delay the divorce out of spite, what he or she is really doing is attempting to gain power over you.
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