How long can a spouse refuse to sign divorce papers?
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.
Can a spouse be forced to sign divorce papers?
There is no need for your spouse to sign the petition; however, you will probably be required to serve your spouse with the petition in person. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce.
What happens if your spouse won’t sign divorce papers Australia?
No. 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.
What if my spouse filed for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.