What happens when one spouse refuses to sign divorce papers? - PowerPoint PPT Presentation

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What happens when one spouse refuses to sign divorce papers?

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When one of the spouses refuses to sign the papers or completely fails to respond to a request for divorce, the entire process can become difficult. In some states, the divorce can proceed uncontested. In otherstates, a judge may grant the spouse asking for the divorce a default divorce.If you need assistance with your divorce, let us help. You are entitled to receive fast and effective solutions that will restore your peace of mind. Phone: 914-821-6952 Fax: (914) 683-1279 Email: gsalant@haroldsalant.com Website: www.familycourtlawyers.com – PowerPoint PPT presentation

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Title: What happens when one spouse refuses to sign divorce papers?


1
What Happens If One Spouse Refuses to Sign
Divorce Papers
2
  • When one spouse refuses to sign divorce papers or
    fails to respond to a request for divorce, the
    entire process becomes challenging.
  • A judge will make a determination depending on
    where you live.
  • In some states, the divorce can proceed
    uncontested. In other states, a judge may grant
    the spouse who is asking for the divorce a
    default divorce.
  • Here is a brief description of what an
    uncontested divorce and default divorce would be
    like

3
Uncontested Divorce
  • It is one of the easiest and simplest types of
    divorces.
  • All divorce-related issues, such as spousal
    support, child custody and support, and the
    division of property and debts are agreed upon by
    both spouses.

4
  • If both spouses have reached an agreement, a
    judge will review the agreement, issue orders and
    grant a divorce.
  • If one spouse served the divorce petition on
    behalf of the other, and he or she filed an
    uncontested response, the case may proceed
    uncontested.
  • If the other spouse fails to appear on their
    court date, the case may be treated as
    uncontested.

5
A Default Divorce
  • If one of the spouses served divorce papers and
    the other failed to file a written response on
    time, the petitioning spouse may file a request
    to enter a default divorce.
  • A default divorce is usually granted when one
    spouse has been served but fails to respond
    within 30 days.
  • It may also be granted when a spouse cannot be
    located for service.

6
  • A court will set a hearing date and ask the
    petitioning spouse to appear.
  • At the hearing, a ruling will be made based
    entirely on what is stated in the divorce
    petition.
  • The spouse who fails to respond or appear gives
    up the right to have any say in the divorce
    proceedings or court judgment.

7
  • If you need assistance with your divorce, let our
    divorce lawyers help.
  • We are knowledgeable, determined and
    compassionate and will take the time to explain
    your legal rights in terms you can understand.

8
  • Contact Us
  • Harold, Salant, Strassfield Spielberg
  • 81 Main Street, Suite 205White Plains, New York
    10601
  • Phone 914-821-6952
  • Email gsalant_at_haroldsalant.com
  • Website www.familycourtlawyers.com
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