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.
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.
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.
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.
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.
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.
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.
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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.
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Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
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Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
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