what if your spouse refuse to sign divorce papers

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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

Answers:

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

Answered 5 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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