What legal recourse do I have if my spouse refuses to sign a divorce decree?
If your spouse refuses to sign a divorce decree, there are several legal options available to you. Some of these include a Default judgment, Alternative dispute resolution, and Mutual consent divorce. You must choose the right option for your situation. You may also want to consider your spouse's motivations. If they are trying to save the marriage, you will need to explain your reasons for getting a divorce.
Default judgment
If your spouse refuses to sign a divorce decree, you may need a lawyer to help you file a default judgment. There are many reasons why your spouse may not be willing to sign. Perhaps he or she wants to save the marriage. Perhaps your spouse wants custody of the children or a large asset. If this is the case, you will need to explain your reason for wanting to divorce.
Alternative dispute resolution
If your spouse refuses to sign a divorce decree, it may be time to consider alternative dispute resolution. This process is a great way to reach a fair settlement without having to fight in court and wasting your time and money. There are a number of different methods of alternative dispute resolution available in Indiana, and it is important to choose one that works for you and your spouse.
No-fault divorce
If your spouse refuses to sign a divorce decree, you may have several options. First, you can file for a no-fault divorce. If your spouse does not agree, you can have a hearing and a judge will issue the divorce based on the documents filed and evidence presented. If you do not wish to go to court, you can hire a private process server to serve your spouse in the divorce papers.
Mutual consent divorce
If your spouse is refusing to sign divorce papers, you are not alone. There are many different reasons why your spouse may be resisting the idea of a divorce. For example, he or she may want to hold on to the children or assets. If you are suspicious of this behavior, you may wish to contact an attorney for help.
Mediation
There are several legal avenues available to you if your spouse refuses to sign your divorce decree. First, you can file the divorce petition in court. During this step, you must give your spouse notice that you are filing for divorce. Once the court has received the petition, it can set a hearing date. If your spouse still refuses to sign, the court may decide to finalize the divorce without their signature.
Filing a divorce petition without a spouse's signature
Filing a divorce petition without a signature from your spouse is possible in some cases. The process can be more complicated if your spouse does not agree to the divorce. If your spouse did not sign the divorce petition, you will have to file the divorce petition again. Otherwise, you will be granted a default divorce.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506