Tuesday, July 15, 2014

If a spouse doesn't sign served divorce papers, can the divorce still be gotten?

Question

If a spouse doesn't sign served divorce papers, can the divorce still be gotten?



Answer

I am assuming you mean your spouse didn't sign an agreement after being properly served. If a person is served and the parties cannot reach an agreement, the case is considered contested. In that case, the issues will have to be presented to the Judge at a final hearing and he/she will make the decisions. You should not try to represent yourself and suggest you meet with an attorney.



Answer

First of all, if papers are served, that is a contested divorce. There is nothing for the defendant to sign, and the deputy signs the certificate of service. At that point the case is headed for a hearing and you should see a lawyer. Now if the defendant is refusing to sign an agreement, you also have a contested divorce and definitely need counsel.



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