In a perfect world, getting a divorce would be as simple as both parties agreeing to end the marriage and then signing the necessary paperwork. However, we don’t live in a perfect world and sometimes, one spouse may refuse to sign divorce papers. If this happens, you may be wondering what your options are. Luckily, you can still get a divorce even if your spouse won’t sign the papers. This is called a default divorce.Â
There are a few different reasons why your spouse may refuse to sign divorce papers. Maybe they’re hoping you’ll change your mind, or they’re just being spiteful. Regardless of the reason, if your spouse refuses to sign the papers, it doesn’t mean you can’t get divorced. You will just have to go about it differently.Â
A default divorce is when one party fails to respond to the divorce petition within the required amount of time, which is typically 30 days. If this happens, the court will assume that your spouse agrees with everything that is stated in the petition and will move forward with granting the divorce.
The courts allow default divorces because they want to make it as easy as possible for couples to get divorced, even if one party isn’t cooperating. The courts understand that not everyone wants to stay married, and that sometimes one person may make it difficult for the other person to get divorced.Â
If you want to file for a default divorce, you will need to start by filing a divorce petition with the court. Once you have done this, you will need to serve your spouse with the petition. You can do this by hand-delivering it yourself or hiring someone else to do it for you. Once your spouse has been served, they will have 30 days to respond. If they don’t respond within this timeframe, you can file for a default divorce.Â
There are several benefits of getting a default divorce. One of the biggest benefits is that it allows you to move on with your life without having to wait for your spouse to sign the papers. This can be especially helpful if your spouse is dragging their feet or if they live out of state and are difficult to track down. Additionally, since your spouse won’t be involved in the process, it’s likely that the entire process will be quicker and less complicated overall.Â
In some cases, your spouse may be able to have the default judgment vacated, which means that they will no longer be bound by it, and they will be able to regain control over their portion of the property division and child custody arrangements. If this happens, you may want to consider hiring an experienced family law attorney who can help protect your rights and interests moving forward. A better option may be to start the process with an attorney, and they can help you avoid the pitfalls.Â
If your spouse refuses to sign divorce papers, you can still get divorced through a process called a default divorce. A default divorce occurs when one party fails to respond to the divorce petition within 30 days after being served with it. Once this happens, you can file for a default divorce and move on with your life without having to wait for your spouse’s cooperation. While there are some risks involved with pursuing a default divorce, such as your spouse eventually being able to vacate the judgment, these risks can usually be mitigated by working with an experienced family law attorney who can help protect your rights throughout the process.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice with him at your side. Scott was able to get a fair and equitable decision in my case and he will most certainly do the same for you if necessary. His knowledge of the law and experience from every case he has ever tried were…
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