Question: After filing for divorce and completing the paperwork, my spouse won’t sign the divorce papers. What can I do and will the judge grant me the divorce?
“Divorces are quite controversial”, says Toronto divorce lawyer. Even if both the spouses are ready for the divorce, the process of getting the divorce is tiresome. Moreover, with one spouse not consenting for the divorce, the process will take longer than usual.
Spouses who are resisting a divorce make the process a very difficult one. They usually try to hide the paperwork and also avoid the delivery of the paperwork. Sometimes, it also happens that the spouse refuses to sign the divorce papers and might also completely ignore the divorce proceedings.
Toronto divorce lawyer assures that even though there are hindrances, the divorce can be finalized. Based on the location where you live, the court judge will either allow for uncontested divorce or default divorce.
This is an easy way to get the divorce. In an uncontested divorce, both the spouses agree to get divorced and they agree on all issues related to divorce. Alimony, child care, asset division, debt division and support are some of the divorce related issues according to Toronto divorce lawyer. In this divorce, the paperwork is filed smoothly, an agreement is made and the submission is made to the court upon which the judge grants the divorce.
If there is child support involved, the judges will make sure that the child is taken care of and whether the divorce is in the best interests of the child. Custody terms and childcare are looked into before granting the divorce.
If the divorce petition is properly served and your spouse won’t sign the divorce papers, some courts will consider this as uncontested and the divorce is proceeded smoothly. When the date is assigned for court appearances and your spouse doesn’t show up, the divorce will be considered uncontested and appropriate proceedings will be done by the court.
Request to Enter a Default
You can request to enter a default if your spouse fails to file a response on time and you have served it correctly. Consult Toronto divorce lawyer to find out about your state’s rules. A proposed judgment and a request to enter a default can be filed if your spouse does not respond within 30 days of your divorce petition. It can also be requested when the spouse cannot be located.
A hearing date will be set by the court and once you appear on that date, a hearing will be done and the judge can issue a ruling based on what is proved in the court or what is stated in the petition. After considering it, the judge will decide to further proceed your divorce. If your spouse does not appear for the hearing, he/she will have lost all the rights to have a say in the divorce proceedings.
Speak with Toronto divorce lawyer if you are dealing with a spouse who won’t sign the divorce papers or is unresponsive after you have filed a divorce. Also discuss if the case could be pursued as a default one.