Divorce can be an extremely stressful experience for both people involved,
particularly if one spouse wasn’t expecting to be served with divorce
papers. When partners can’t agree with each other, even about getting
the divorce to begin with, the process becomes incredibly complicated.
If your spouse refuses to sign divorce papers, it doesn’t mean you
In a situation where one spouse won’t sign divorce papers, the person
seeking to end the marriage needs to pursue the litigation of the case
before the trial court. Most modern courts have moved past traditional
requirements of determining who is “at fault” for the divorce.
However, even a no-fault divorce can be entered as a default or end by
the Court rendering an opinion in how to resolve any disputed issues.
A refusal to sign indicates the person being served with the divorce doesn’t
agree with the proceedings. If this is the case, the court must resolve
the dispute in either a default proceeding or in a trial.
If both spouses show up for the scheduled proceeding or trial, the court
will determine the legal terms of the divorce by using testimony and evidence.
Having an experienced Birmingham, MI, attorney on your side will help
immensely in court. Not only do lawyers have the legal knowledge necessary
to present an efficient and sound argument, but they can also respond
effectively to any legal representative of the other party.
A judge will also decide on all settlements and divisions of property.
However, if a spouse refuses to even show for the scheduled divorce hearing
and all attempts at negotiation have failed, the filing spouse has the
right to ask for a
default divorce. In this case, the judge will uphold the divorce request and all
of its initial conditions. All the decisions will be based on the default
paperwork submitted to the Court by your Birmingham, MI attorney. These
decisions will include divisions of property, debts, child support amounts,
and custodial arrangements. If both sides cannot or will not participate
in negotiating a settlement, then the Court will enter the terms for them.
If you’re having problems getting your spouse to sign the divorce
papers, make sure you have experienced legal representation. Our Birmingham,
MI, divorce attorney has more than 10 years of experience in family law.
We would be glad to help you navigate the complex matters of contested
divorce. Our team offers creative and effective solutions and one-on-one
service. Contact us at
248-467-8208 or fill out our online form to schedule a free 30-minute case consultation
today. We are available after-hours and on weekends.