What happens when divorce goes to default?
A divorce by default occurs when the person who files for divorce does not receive a timely response from the other spouse. You can’t take back or rescind the divorce once the courts have finalized it, even if the defendant never received the petition and did not know a spouse filed for divorce.
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 can I get a divorce without someone’s signature?
You Do Not Need Your Spouse’s Consent to Obtain a Divorce You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.