What to do when your spouse won’t sign divorce papers

Posted August 3rd, 2015 by .

Categories: Family Law.

divorce papers are unsigned anthony carboneDivorce is never an easy thing, especially if you have children. There are so many things to consider such as the division of financial responsibilities, custody and support of the children, or any alimony. But what happens if the other party isn’t willing to sign the papers?

For instance, let’s say you and your children finally break free from your emotionally abusive spouse. You want to get a divorce right away and be free of the situation. However, you know that your spouse would never sign the divorce papers. What happens next?

In a situation like the one shown above can make the divorce process much harder than it can be. If your spouse refuses to sign the papers, this doesn’t mean the divorce won’t go through. It just means you have to be patient, by at least 30 days. According to the law, your spouse has up to 30 days to respond. If he/she fails to respond in that time, you can file a request to enter a default. What will happen is a hearing date will be set where you have to appear. At the hearing, the judge could issue a ruling based entirely on your divorce petition. If your spouse doesn’t sign those papers or refuses to go to the hearing, he/she has just given up the right to have any saying in the court’s judgment.

But before you do anything, it’s best to speak with an experienced New Jersey family lawyer to help you through this process. If you are even considering a divorce, contact the Law Offices of Anthony Carbone today for a free consultation.


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