What to Do When a Spouse Left Without Filing a Divorce?
What to Do When a Spouse Left Without Filing a Divorce?
Getting a divorce can be a difficult process, especially if you’re dealing with an uncooperative spouse. Whether your spouse wants to file for a divorce, refuses to sign the divorce papers, or doesn’t show up for a court hearing, there are certain steps you can take to handle the situation.
Documentation
The first thing you should do is gather all of the documentation you need to file a divorce. You should also consult an attorney. You can serve your spouse the Complaint for Divorce by a process server, certified mail, or sheriff. You should also make copies of all of your important financial documents so that you can keep track of your assets and debts. You may also want to apply for a waiver of filing fees if you have a low income or are on state aid.
When you serve your spouse the Complaint for Divorce, make sure you have enough time to respond. If you aren’t able to respond, you may be held in default and have to attend a court hearing to have your case heard. You may be asked questions about child custody and property division.
Uncontested divorce
It is important that you and your spouse work out an amicable agreement, or file an uncontested divorce. This will save you time, money, and stress. If your issues can be definable, you can get the divorce completed in a matter of months. However, if your issues are complicated, such as child custody, you may need to hire a mediator to work through your case. You can also hire an attorney if you feel your spouse is trying to manipulate you.
Hiring a therapist
You may also want to hire a therapist to help you deal with the emotional aspects of your divorce. An experienced therapist can teach you communication skills, relaxation techniques, and other ways to handle the stress of the divorce process. You can also work with a child therapist to make sure your children understand the divorce. Children need to have a healthy environment to deal with a divorce, so don’t force them to pick sides.
Hiring a reputable process servers
You may also want to hire reputable process servers to serve your spouse the divorce papers. If you’re afraid your spouse will be violent, it’s better to use a professional. You can also ask friends and relatives to serve your spouse. If you’re worried about the cost of hiring a professional, you may be able to apply for a waiver of filing fees.
Financial documents
After you’ve completed the process, you may need to make arrangements to support yourself and your children. You may want to keep your health insurance and make sure you have multiple copies of important financial documents. You can also apply for a divorce fee waiver if you are on state aid or disability.
Default judgment
If your spouse refuses to sign the divorce papers, you may be able to file for a default judgment. If you do this, the judge will rule on the property division and custody of your children. Your spouse may also have to attend a court hearing to explain why he or she refuses to sign the papers.
If you need legal advice about filing for divorce or are in need of an attorney you can call this law firm, you can get a free consultation with the Best Attorneys in Utah.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
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https://www.ascentlawfirm.com/family-law/
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
