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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 7 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.
For further indormation, here is a link to a site that you may find to be of help:
https://family-law.freeadvice.com/family-law/divorce_law/spouse-refuses-to-sign-divorce-papers.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption