Can the Respondent Finalize a Divorce if the Petitioner Won't Sign?
What Happens if My Spouse Refuses to Sign the Divorce Papers?
Divorces can be unpredictable with even the about amicable of divorces turning contentious at times. And if one spouse refuses to sign the divorce papers, or tries some other method to postpone your divorce, the process can plough downright frustrating. So, what practice yous practise then if your spouse refuses to sign the divorce papers? What are your options? Today, we go over what steps you can take in the event your spouse refuses to sign the divorce decree.
Does My Spouse Need to Sign the Divorce Papers for it To Be Finalized?
Your spouse does non need to sign the divorce papers for a divorce decree to exist finalized. You cannot stop a divorce just by refusing to sign the papers. If one individual is pursuing a divorce, he/she volition become this granted whether the other individual signs the papers or not. If this happens, y'all should know your divorce will get a contested divorce at this point.
Steps to Take if Your Spouse Is Unwilling to Get Divorced
If i individual wants to get divorced, the other party cannot stop a divorce from happening. Hither are some options to try if your spouse will not accept the divorce:
Request to enter a default judgement
If your spouse decides to ignore your petition to get divorced, you can inquire your divorce attorney to request that the court enter a default judgement. What this means is that you can accept the court pass your petition after a sure period. In Texas, divorces can be finalized after 60 days from the appointment of filing the original petition for divorce. If your spouse volition non sign the papers or respond to your petition, you can have a judge upshot a judgement after this 60-day waiting flow is over.
Resolve your problems through meditation
If y'all recall you and your spouse could resolve these issues through mediation, that is also an option. Maybe your spouse is in denial about the divorce and needs to talk it out before agreeing to it. Mediation is an culling course of dispute resolution that helps you lot and your spouse navigate your divorce problems with the help of a neutral third political party.
Become to trial
If your spouse however volition non sign the divorce papers afterwards mediation, you could also choose to go to trial. This is the most expensive and time-consuming way to finalize a divorce. It is recommended to consult with an experienced divorce attorney before doing so. During the trial, the judge will resolve all the problems in your divorce, including the segmentation of marital assets and property, kid custody, kid support, and spousal support/alimony.
At the hearing, the judge volition issue a ruling based on what is stated in your divorce petition and then result your divorce orders and judgements. If your spouse fails to respond or announced on this engagement, he/she gives upwardly the right to accept whatsoever say in the divorce proceeding.
If you filed for divorce and are dealing with an uncooperative spouse, consult with an experienced divorce lawyer at our firm by contacting us online or calling (512) 768-9737 to talk over your options.
Source: https://www.austindivorcelawyers.us/blog/2021/april/what-happens-if-my-spouse-refuses-to-sign-the-di/
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