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WHAT HAPPENS WHEN YOUR SPOUSE WON’T SIGN THE DIVORCE PAPERS
Making the decision to get a divorce is difficult enough without added problems. If your spouse is not being cooperative and refuses to sign the divorce papers, it can obviously make matters even more difficult and frustrating. You might be ready to go ahead and get the whole process over with as soon as you can so that you can move on with your life, but if your spouse won’t sign the divorce papers, you could be wondering what to do next. Consulting a divorce lawyer in Florida is the best thing that you can do in this situation — in fact, you should be working with a divorce lawyer in Florida already — but in the meantime, this simple guide can provide you with a bit of insight if you’re ready to get a divorce but if your spouse just won’t sign the divorce papers.
Spouse Won’t Sign the Divorce Papers: Is This a Common Problem?
You might have heard about a lot of different divorces in the past, but you might have never heard about a situation when one spouse decided that they won’t sign the divorce papers. This might seem like an uncommon issue, but it’s more common than you think. If you’re in this situation, you are not alone.
Spouse Won’t Sign the Divorce Papers: Why?
In many cases, divorce papers are not a surprise for either spouse. You and your spouse might not have gotten along for a long time now, or something major might have happened that contributed to your decision to get a divorce. If neither of you are happy and if you both know that a divorce is inevitable, then you could be wondering why your spouse won’t sign the divorce papers.
There are various reasons why people do this. In some cases when a spouse won’t sign the divorce papers, it could be just because that person is trying to make things more difficult. If you and your spouse have not been getting along well, then your spouse might have decided not to sign the papers just to make things more complicated for you.
In some cases, people believe the common misconception that their spouse cannot get a divorce if they won’t sign the divorce papers. You might be ready to end the marriage, but your spouse could be hanging on and hoping to work things out. In other cases, one spouse thinks that he or she can threaten the other spouse by saying they won’t sign the divorce papers.
Of course, every situation is different, but these are just some of the reasons why people sometimes refuse to sign the divorce papers.
Can You Get a Divorce Without the Other Person Signing?
Your number one concern might be about whether or not you will be able to get a divorce if your spouse refuses to sign the papers. After all, you are probably ready to get everything handled through the courts. The sooner that you can do this, the sooner that you can start rebuilding your life after your marriage ends.
The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a “no-fault” state, you don’t have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken. If just one person in the couple does not want to continue to be married anymore, then he or she can still get a divorce in Florida.
What Kinds of Problems Can You Face if Your Spouse Doesn’t Sign the Divorce Papers?
You might be relieved about the fact that you can still get divorced even if your spouse won’t sign the divorce papers. However, you could be wondering if there will be any problems with your divorce because of this.
You and your divorce lawyer will have to fill out and file a Petition for Dissolution of Marriage with the court. You can do this even without your spouse’s signature. Once this paperwork is filed, a process server will be sent to serve your husband or wife with the paperwork. Your spouse can file a response with the court, but if he or she doesn’t, then the court can enter a “default” against him or her.
Of course, the fact that your spouse won’t sign the divorce papers does mean that certain matters related to your divorce can be more complicated. It’s always easier for a couple to get a divorce if they handle things amicably. Then, they can discuss matters of child custody and division of property and assets. This is not only easier for the couple, but it’s usually easier for any that are involved, too.
Basically, if your spouse is not cooperating with you enough to sign the divorce papers, then he or she might not be particularly cooperative when it comes to handling other matters of your divorce. It’s always a good idea to work with a Florida divorce lawyer when you’re going through a Florida divorce, and it’s even more important if your spouse is not being cooperative and if you think that your situation might be considered a contested divorce.
What Should You Do if Your Spouse Won’t Sign the Divorce Papers?
If your spouse refuses to sign the divorce papers, contact a Florida divorce attorney immediately. He or she can help you with drawing up the divorce papers and filing them with the court. Your divorce lawyer can also help you with other matters related to your divorce and child custody.
If you’re preparing to go through a divorce in Florida and if you don’t think your spouse will agree to sign the divorce papers — or if he or she has already refused to do so — then you should not stress yourself out too much. Obviously, divorce can be a stressful and upsetting thing whether you live in Florida or anywhere else in the world. Hiring a divorce lawyer to help you with your case will help you handle it in the best way possible, though.