What if I want to get a divorce but my wife says she’ll never signed papers

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What if I want to get a divorce but my wife says she’ll never signed papers

Help I’m lost

Asked on July 27, 2018 under Family Law, Wisconsin

Answers:

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

Answered 2 years ago | Contributor

In a situation such as this, the "petitioner" (i.e. the one who files) can obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and the "respondent" (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 a specified time (generallylly 30-60 days, depending on the state). After that, they will be deemed to have "defaulted". Accordingly, the petitioner can then file their final paperwork with the court and the judge will make their ruling based solely on the petitioner's written/oral testimony. Typically, the divorce is then granted on the terms that are requested.


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