Divorce can be a challenging process and especially when one spouse is not willing to cooperate in the divorce procedures. However, if this is the case where one spouse is not willing to cooperate, then there are some legal pathways that will help you to move forward even if the spouse is not ready for the divorce or its settlement.
If you want to know more about the divorce procedures without a spouse’s signature, then you are at the right place. In this article, we will study about the legal options that you can use to get divorce with an uncooperative spouse. If you want to know more about it, then you can consult an expert lawyer or law agency such as Coil Law, LLC where you can get more information about the divorce procedures.
How is the Divorce Procedure Initiated?
If there are marital issues in the couple, then the spouse has the right to proceed with the divorce procedures even if the other spouse is not ready for the divorce. You can request for the divorce on the basis of fault grounds and also on the non-fault grounds of insupportability. This insupportability is a term which is used when you and your spouse have a lot of conflict but you are not expected to reconcile.
So, when you start with the divorce procedure, you have to start with the petition in the court which will be a legal notification that a divorce proceeding has started. Once you proceed with the petition, you have to serve the papers to your spouse. You can send these papers through various services such as process server, mails or other such platforms.
See also: Revealing the Best Home Extension General Contractor Toronto
What To Do if Your Spouse Does Not Respond?
Once you send the divorce notice to your spouse and if your spouse does not respond within 20 days then you can request for default judgment. In this request there will be clear depiction of divorce outcomes such as property division, support or child custody.
After the request procedure, the judge will review your request and if everything is in your favor, then the judge will issue a default judgment to finalize the divorce in your favor. After this step of default judgment the divorce will be final and the decree terms will be legally binding on both the spouses even if one spouse is not participating in the process.
There will be some waiting period after the petition file and it may vary significantly based on the state. So, you must be aware about such legal proceedings before moving ahead with the divorce procedure.
Is It Possible to Get Divorce Without Your Spouse’s Signature?
If there is one spouse in the marriage seeking for divorce but the other one is refusing to sign the significant documents, then this does not mean that there is end of discussion. The divorce procedure can proceed ahead, however, there will be need of some other legal mechanisms.
Divorce is of two types, uncontested divorce and contested divorce. If there is uncontested divorce, then it means that both the spouses are ready for the process and they are cooperative with the legal proceedings. However, when there is contested divorce, then it means that one spouse is not ready for the proceedings. So, in this case you can take some legal steps to complete the divorce proceedings.
You can hire an experienced divorce attorney who can help you fight this long legal battle. In addition to this, you must gather all the information about the assets, debts and other financial details which is helpful for having financial division between the spouses. You must negotiate with your spouse with the help of your attorney and work towards any resolution. If there is any critical situation, then you can present your argument to the judge and with all these processes, you can move ahead for the final decision.
So, these are some of the legal processes that will help you deal with the divorce procedures without your spouse’s signature. However, at the end it will be required but with the judge’s decision, they will be bound to accept the final decree.
