What happens if one spouse refuses to divorce?

What happens if one spouse refuses to divorce?

If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.

Can a spouse drag out a divorce?

A divorce begins when either spouse files a divorce petition. Spouses can speed up the process by making their divorce uncontestedmeaning both spouses agree to all of the terms in the petition.

What if my spouse contests the divorce?

In some jurisdictions, if the spouse did not contest the divorce or any particular issue in their response, the judge may allow you to proceed with an uncontested divorce. You may have to move forward with a contested divorce, though. A court hearing will be set, and your spouse will be served with the court date.

Can someone refuse a divorce?

Modernly, courts have moved past the traditional requirements of finding cause for a divorce. However, even a no-fault divorce can end in one of two ways, it can be contested or uncontested. When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested.

Can I get a divorce if my spouse won’t sign?

Your spouse does not have to sign anything. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.

How long after trial is divorce final?

Your final trial date may be set early on in the case, or may be set later on. That final hearing date could be six, eight, or ten months from the date the case is filed, when the court has an unscheduled day or two free on the docket.