what if your spouse refuse to sign divorce papers

what if your spouse refuse to sign divorce papers

Asked on August 30, 2016 under Family Law, Mississippi


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In this type of situation, the "petitioner" (i.e. the spouse who files for the divorce), can obtain what is known as a "divorce by default". As long as a valid summons and complaint is been filed with the court and the "respondent" (i.e. the non-filing spouse), has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the action within the specified timeframe (typically 30-60 days). After such time, they will be deemed to have "defaulted". Accordingly, the petitioner will then file the final paperwork and appear in court; the judge will make their ruling solely on the petitioner's testimony. As a general rule, a divorce is then granted on the terms requested. At this point, you'll need to consult directly with a divorce attorney in your area who can best advise you further.

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