Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
what if your spouse refuse to sign divorce papers
Asked on August 30, 2016 under Family Law, Mississippi
Answered 8 years ago | Contributor
In this type of situation, the "petitioner" (i.e. the spouse who files for the divorce), can obtain what is known as a "divorce by default". As long as a valid summons and complaint is been filed with the court and the "respondent" (i.e. the non-filing spouse), has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the action within the specified timeframe (typically 30-60 days). After such time, they will be deemed to have "defaulted". Accordingly, the petitioner will then file the final paperwork and appear in court; the judge will make their ruling solely on the petitioner's testimony. As a general rule, a divorce is then granted on the terms requested. At this point, you'll need to consult directly with a divorce attorney in your area who can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption