How to get a divorce if my husband won’t sign the papers?

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How to get a divorce if my husband won’t sign the papers?

He won’t sign them because of his religion. We don’t own anything together or have any debts together.

Asked on December 15, 2011 under Family Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

In the majority of states, in a situation such as this the spouse filing for divorce (i.e. the petitioning spouse) can obtain a "divorce by default". As long as a valid summons and complaint has been filed with the court and the non-filing spouse (i.e. respondent) has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the complaint within a specified time (typically 30-60 days).

After that period, the repondent will be deemed to have "defaulted". Accordingly, the petitioner can then file their final paperwork and appear in court. The judge will then make their ruling solely on the petitioner's written/oral testimony. A divorce will then be granted on the terms that the petitioner requested.

Note: The repondent may have have a certain period of time to appeal, depending on the state. After that, the court's ruling becomes final.


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