What if my wife dosent want to sign the divorce i filled

UPDATED: Sep 30, 2022

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What if my wife dosent want to sign the divorce i filled

I want to get a divorce but my wife says she will not
sign it what are my options

Asked on May 9, 2016 under Family Law, Kansas


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

Answered 6 years ago | Contributor

In a situation such as this, the petitioning spouse (i.e. the one filing for divorce) 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 (i.e. the non-filing spouse) has been properly served, the petitioner is entitled such a divorce if the respondent fails to file an answer to the action within the specified time (generally 30-60 days). After that time, they will be deemed to have "defaulted". Accordingly, the petitioner can file their final paperwork and appear before the judge, who will make their ruling solely on the petitioner's written/oral testimony. A divorce is then granted generally on the terms requested.
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