Should a spouse refuse to sign divorce papers, it is still possible to proceed with the divorce by filing legal paperwork as a single petitioner. According to LegalZoom, a spouse's signature is only necessary if both parties are agreeing to the divorce petition by filing jointly. Alternatively, one spouse can obtain a legal complaint for divorce (not the joint version), fill it out and file it.Continue Reading
As long as the divorce petition is applicable to the state in which the petitioner lives, divorce proceedings may be initiated without the consent of the spouse. LegalZoom points out that selecting a no-fault or irreconcilable differences option is a legal declaration that the marriage is broken beyond repair. Even if the spouse refuses to participate, such refusal cannot stop the divorce from being granted under these circumstances.
The petition must be filed in the proper courthouse so that a summons can be issued. The petitioner then gets a sheriff, family member, friend or process server to serve the summons. According to LawHelp.org/DC, the server must be at least 18 years of age. The petitioner is not allowed to serve summons papers. Once served, the spouse has a limited amount of time to respond, otherwise a default hearing is the next step.Learn more about Law
A divorce can be finalized even if one spouse does not sign the divorce papers, according to Legal Zoom. Each state has specific laws and requirements for divorce.Full Answer >
A person who receives divorce papers has 20 days to file an "answer," which is a statement that informs the court about his decision regarding the divorce, according to LawHelp.org. He must answer as to whether he agrees with the divorce complaint and whether he agrees with what his spouse asks the court to do.Full Answer >
The filing spouse must first meet the Texas residency requirements and have a legally acceptable reason to file for divorce before filing divorce papers, according to WomensLaw.org. Copies of the filing are then sent to the spouse, who can dispute the terms or leave it uncontested.Full Answer >
To declare a divorce by abandonment, one spouse must establish that the other spouse left the home and the marriage and refuses to return, notes LegalZoom. As of 2015, most states recognize abandonment as grounds for divorce and define it as one spouse leaving the other without consent. However, those states often require more than just a lack of consent to establish abandonment as grounds for divorce.Full Answer >