Should a spouse refuse to sign divorce papers, it is still possible to proceed with the divorce by filing legal paperwork as a single petitioner. According to LegalZoom, a spouse's signature is only necessary if both parties are agreeing to the divorce petition by filing jointly. Alternatively, one spouse can obtain a legal complaint for divorce (not the joint version), fill it out and file it.Know More
As long as the divorce petition is applicable to the state in which the petitioner lives, divorce proceedings may be initiated without the consent of the spouse. LegalZoom points out that selecting a no-fault or irreconcilable differences option is a legal declaration that the marriage is broken beyond repair. Even if the spouse refuses to participate, such refusal cannot stop the divorce from being granted under these circumstances.
The petition must be filed in the proper courthouse so that a summons can be issued. The petitioner then gets a sheriff, family member, friend or process server to serve the summons. According to LawHelp.org/DC, the server must be at least 18 years of age. The petitioner is not allowed to serve summons papers. Once served, the spouse has a limited amount of time to respond, otherwise a default hearing is the next step.Learn more about Law
The filing spouse must first meet the Texas residency requirements and have a legally acceptable reason to file for divorce before filing divorce papers, according to WomensLaw.org. Copies of the filing are then sent to the spouse, who can dispute the terms or leave it uncontested.Full Answer >
Although divorce laws differ by state, FindLaw explains that a divorce letter, or a divorce petition, typically contains the name of the petitioner, the petitioner's spouse, the place and date of the marriage, the names and ages of any children, and the grounds, or reasons, for the divorce. The petitioner must also assert that the couple has lived in the court's jurisdiction for a specific amount of time.Full Answer >
Divorce laws in California stipulate that a spouse or partner can end the marriage even if the significant other does not want a divorce, according to the Judicial Council of California. A spouse or partner cannot stop the divorce process by refusing to participate under the no fault divorce laws in California.Full Answer >
As of 2015, the amount of the Social Security benefit a divorced spouse receives is typically 50 percent of the benefit due her former spouse, notes Charles Schwab. However, some conditions impact the ex-spouse's eligibility and the amount she can collect.Full Answer >