Many times, both partners agree that they shouldn’t be together and they should opt for divorce. But, not all divorces are the same. For example, one partner may want out, while the other wants to stay married. As a matter of fact, many partners threaten not to sign the divorce papers to keep their marriage intact in legal terms. Or they just don’t want to sign the papers that showcase them in a negative light. The trick to refuse to sign may scare the other spouse or keeping them to hire a divorce attorney Ken Phillips. Yet, it should never limit them to file for divorce.
- Signing is not mandatory
As long as the divorce papers are served properly, the person who wants the divorce has done their research. Usually, the papers are served by a private process server. The partner who is served divorce papers doesn’t have to sign them to begin the process. They just have to receive them. If they don’t sign it, the filing person can ask for a default judgment to grant the divorce.
People who expect their partner may not agree to sign the papers can also file a no fault divorce. This is less contentious than a normal divorce that highlights the fault of the other partner. Many people who don’t prefer to sign the divorce papers on the basis of fault grounds are open to signing the ones where no blame game takes place. If they don’t, then the complaining partner can request a contested divorce and get a default judgment. Those wanting to get a divorce should discuss these potential issues with their lawyers because they create any divorce documents. In this way, every party is on the same page, if the other party refuses to sign.
- The courts may intervene.
When a contested divorce is a must, then the parties may have to face a hearing to find out why the divorce is being contested. At that point, the court will decide how to settle the issues between the parties. But the court will never make the complaining party to go back to their partner. If the other spouse fails to show up to the hearing, then the court can enter a default judgment on the basis of divorce documents. This process should make people who want to be away from their partners feel more comfortable with proceeding ahead with the divorce, even if they doubt that their partner will make the process difficult by not signing and forcing a contested divorce.