Divorce is a painful and tiring process, even if the couple wants to separate mutually. Different people have different reasons for divorce. But if your partner does not sign up for divorce papers, it makes things more complex and frustrating for you. Because of the anger and confusion, your spouse may refuse to sign the divorce papers.
Although the signature is not necessary to get a divorce, many states have different procedures for divorce if spouses refuse to sign. In this case, you should hire a Massachusetts divorce lawyer.
What are your options if your partner won’t sign the divorce paper?
If your partner does not sign the divorce papers, you have limited options to explore. Let’s know about some of the complications that might arise.
1. Can any one of the couples file a divorce?
It is possible to end a marriage in Massachusetts if your spouse does not want to. The court has different procedures for the spouses who hide in order to avoid being served with the petition. But what happens when your spouse refuses to agree with one of the “no-fault” reasons where you live? In that case, the process becomes complex, and the court may order to prove one of the “fault” divorce grounds or stay separated for a whole year before you can get a divorce.
2. Can you apply for divorce secretly without knowing your spouse?
Judges in court do not allow one-sided divorce proceedings. It means no one can file a divorce without behind their spouse’s back secretly. The person has to notify their spouse if they file any divorce paperwork with the court so that their partner at least gets an option to respond. To navigate these legal requirements accurately, it’s advisable to consult with family law experts who can provide guidance and ensure that all procedures are correctly followed.
3. Are you allowed to get a default divorce?
After filing a divorce on your spouse, if they do not respond on time, you may request for a default divorce. The local and state rules may vary. The process goes on like mentioned below.
- You have to request a default divorce after your spouse has not responded on time.
- The court will set dates on hearing and deliver notice to your spouse.
- After the hearing process, the judge will check the paperwork you have filed. They might ask you questions related to your divorce.
You should be aware of the advantages and disadvantages of default divorce. Most states provide the spouse a specific time before you can file for a default divorce. The task can become challenging if your spouse has a change of heart. Therefore, always speak to an experienced divorce attorney first.
