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Help! My Spouse Won’t Sign the Divorce Papers

Spouse Won't Sign the Divorce Papers | Bloom Law Office, West New York

The “easiest” type of divorce is uncontested which means both parties agree to the terms and sign the divorce papers. However, the professionals at Bloom Law Office know that sometimes divorces are contested, and it can get especially prickly when one party won’t sign the divorce papers. It might be because the person doesn’t want the divorce, or they may just be making the process longer and more difficult out of spite. Fortunately, there are avenues you can take for a contested divorce.

Contested Divorce – Things Get Complicated

How a contested divorce is handled can depend on both the state and the judge. In New Jersey, the court can grant a “default divorce” even if one party won’t sign the divorce papers. The spouse who files the complaint must also provide a copy to their spouse and wait the required 35 days. If there’s no answer in 35 days, you then have 60 days to file a request asking for a default divorce. Things can get a little trickier if the spouse who won’t sign the papers is a member of the US military.

With how complicated the process can be, it’s no wonder having a divorce attorney on your side is so important-particularly with a contested divorce. Even within a default divorce, there are various types. One is default divorce by agreement, which happens when the spouse who won’t sign the papers chooses not to answer the complaint. It saves them the time and cost of filing that answer. There’s also a default divorce without a court appearance, which varies county by county in New Jersey. Usually, it requires a certified statement signed by both spouses.

Bloom Law Office Can Help with Your Child Support Questions

In some divorce cases, you may have to attend a default hearing. It all depends on where you live, the details of the case, and the response (or lack thereof) from your spouse. If you’re facing divorce and suspect or know your spouse will make the process difficult, call Bloom Law Office at 855-208-3650.



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