When Your Divorce Isn’t Amicable
Posted November 15th, 2013 by Anthony Carbone, PC.
Categories: Family Law.
Divorce is never an easy decision. Even the most amicable divorces have their problems. There is no “quick fix.” But what happens if one spouse refuses to sign the paperwork in an effort to stretch out the pain? It doesn’t mean you won’t get it, although the process becomes more difficult.
When the judge is granting a divorce, it is one of two ways:
Uncontested divorce. This is the easiest type. What it means is both parties have filed all paperwork, agreed on the issues such as alimony and child custody, and the parties have agreed on the division of property and debts. Generally, you can just bring all this to court, have the judge review it, check to see if the parenting agreements are in the best interest of the child and meet state guidelines, and he will then grant the divorce. If your spouse had filed an uncontested response but hadn’t signed the final papers, sometimes the divorce will proceed as uncontested.
Default divorce. This happens when your spouse has received all the paperwork but has yet to respond within 30 days. This can also happen if your spouse cannot be found. If your spouse has been served with papers and hasn’t responded in a timely fashion, you can request the default along with a proposed judgment. Just like what can happen if you miss a court hearing, the judge could issue a ruling based on what you have stated in your petition or what you can prove to the court. If your spouse fails to respond or appear in court, he/she is giving up the right to have a say in the judgment.
The important thing to remember if your spouse is refusing to sign papers is to contact us to pursue the default divorce. We will have your best interest in mind.