What should I do if my spouse won’t sign the divorce papers?
If your spouse refuses to sign divorce papers, you have now entered what is known as a contested divorce. To file a contested divorce, the person who wishes to go through with the divorce has to file a petition. Prior to 2010 in New York, if your spouse denied your petition for divorce, they had the opportunity to contest the grounds, therefore complicating the process. In 2010, New York became a no-fault divorce state meaning that your marriage can be dissolved without proving fault. If your spouse has refused to sign a petition for divorce, and it is making your divorce complex, a divorce lawyer in Huntington at Simonetti & Associates can help you. Contact us today for a consultation!
Follow these steps to file for a divorce in this situation:
- Step 1. All states require that you cite a reason for getting a divorce. If you wind up choosing a fault ground while your spouse is already resisting it, you can provide her with an option to contest it.
- Step 2. Research the rules for the service process of the state that you currently live in. You have to make sure that you clearly understand what you have to do in order to make sure that your spouse receives a copy of the divorce petition.
- Step 3. You are going to have to wait out the time it takes for your spouse to answer the petition. In cases like this, the process often takes longer.
- Step 4. If your spouse does not agree to a divorce you are going to have to contact your court again to figure out how you can go forward with it. In most states, you are going to have to appear at a hearing to show that you met your states filing requirements. Although if you wind up choosing a no-fault option and state your opinion about your marriage, it is usually enough to end it.
- Step 5. Lastly, you are going to have to prepare for trial if your spouse does not respond to the petition. Get all the documents you have to prove your assets and extent of your debts, and write a parenting plan for custody and time with your children. Lastly, make sure you keep in constant contact with your divorce lawyer in Huntington so that everything runs according to schedule.
If you are looking to get a divorce, but your spouse refuses to go through with it, it is important to contact a divorce lawyer in Huntington. At Simonetti & Associates, we specialize in dealing with complex divorce cases in order to help you get the results you need. Our lawyers have been practicing this for over 30 years. Contact us today for a consultation!