Can you refuse to grant a divorce?
Can you refuse to grant a divorce?
Sometimes, a spouse may be so unwilling to get a divorce, they may simply refuse to sign the papers and hope that this stymies your divorce plans. Note, however, that the court will only grant your divorce if it is satisfied that proper arrangements have been made for any children aged under 18 who are involved.
Who fills out the divorce decree?
These forms ask the judge to approve of the Decree without a hearing. Only one party needs to complete these forms (usually the Plaintiff).
What happens if my husband won’t sign the divorce papers?
The Court can grant a divorce order, even if the spouse refuses to sign any documents. Otherwise, the spouse may ask the Court to appear by telephone. While a spouse can refuse to sign the divorce papers, it is highly likely that the divorce will still take place. However, some situations could delay the divorce.
What happens if no response to divorce papers?
The responding spouse needs to file an answer with the court within the deadline. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
What happens if my husband does not respond to divorce papers?
If you ex still refuses to respond, you can show the Court your Process Server certificate to prove that your ex knows about the divorce and has been properly served with the divorce papers. The Court should then allow the divorce process to move forward, once you have made an application for Deemed Service.
How long do you have to answer a divorce petition?
Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce. This is called giving an answer.
