What if My Spouse Refuses to Sign Divorce Papers?
Divorce is hard. It puts a lot of stress on all people involved, especially both spouses. Sometimes, one spouse may feel as if the divorce should not occur. They may desire to work through the issues at hand, or they may just want to stay married. Whatever the reason, this will likely lead to a spouse refusing to sign divorce papers. When your spouse refuses to sign divorce papers, this is known as a contested divorce. Throughout a contested divorce, the spouse that wishes to file for divorce must go through their local family court and petition for divorce. The other party will be served divorce papers and given a chance to appear during the hearing.
What Leads to Refusal to Sign?
Often times, refusal to sign is caused by one thing – a fault divorce. Essentially, a fault divorce refers to one spouse filing on grounds that the other spouse did something that led to the divorce being necessary. This can lead to feelings of apprehension for the other party, as they may be uncomfortable with certain language or expectations related to fault divorces.
For example, some people hope to acquire a larger portion of marital property and do so by filing a contested, or fault, divorce. This leads the other spouse to push away from the idea in hopes that they don’t lose more than the other. To prevent the no-sign issue of a divorce, you may consider filing for a no fault divorce and discussing this with option with your spouse.
What if My Spouse Refuses to Sign Divorce Papers? – The No Fault Divorce Option
No fault divorces, as the name suggests, implies that there is no party that caused the other spouse to feel as if divorce is necessary. This means that both spouses are dealing with uncompromisable or irreconcilable issues in their marriage. Instead of one spouse “pointing fingers” at the other one and trying to break them down in a divorce, a no fault divorce allows both sides to equally express themselves and acquire equal marital property.
No fault divorces are often more acceptable, as they seem fairer and can be reasoned with easier than divorces that blame and find fault.
What if My Spouse Refuses to Sign Divorce Papers? – Mediation
One option for spouses who can’t agree upon divorce is mediation. Mediation refers to sitting down with a third party, who is an impartial mediator, to discuss and resolve issues that may be going on.
Frequently, one party refuses to sign divorce papers because the terms of the divorce may seem unfair to them. When people are able to sit down and talk to settle or express issues, it leads to a greater understanding and ability to negotiate terms of the divorce.
If you and your spouse are having a difficult time agreeing upon a divorce, it may be beneficial to contact a mediator who can help you settle issues at hand.
Contact An Experienced Rochester Divorce Lawyer
If you’re interested in getting a divorce but your spouse is refusing to sign the divorce papers, it may help to hire an attorney. They can discuss your options and help you find ways to finalize the divorce, with or without your spouse’s signature.
If you’re in the Rochester area, The Cimino Law Firm can help. With over 20 years of experience in family law, we’re sure to give you the advice and assistance that you need. We offer free consultations where we’ll review your case and determine how we can help you.
In order to schedule one of these complimentary consultations, call or contact us today. Instead of struggling through your divorce alone, The Cimino Law Firm can be your support.
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