The short answer is yes. Of course, no one can be forced to sign a document in the United States. However, they can’t stop you from getting divorced. Utah law allows for you to get divorced if you have irreconcilable differences – meaning, you don’t get along anymore and you want out. When a spouse refuses to sign a divorce paper, the spouse seeking a divorce will need to obtain what is called contested divorce. Separation AgreementSome divorces start with an agreement about separation. That agreement usually contains the information such as who will live where, who will pay the bill and who will get the kids. This agreement is not a court grant .you can draw it up by yourself or with the divorce attorney counsel but if your spouse would not sign that agreement then there is little you can do. It is like a business contract that is signed by only one party, it is really meaningless until it signed by the both parties. Reasons why a spouse refuse to sign divorce papersWhen marriages fall apart, both parties often want the divorce process to progress as quickly as possible. However, cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married. However, in the United States, one spouse cannot prevent another spouse from obtaining a divorce. Consult with an attorney who specializes in family law and divorce with specific questions about ending a marriage. Many states impose waiting periods on couples before granting a no-fault divorce. Waiting periods vary from six months to as long as a year or two years. Waiting periods are designed to allow couples to make efforts to reconcile their marriages or to be certain that reconciliation is impossible. Individuals may still pursue no-fault divorce in situations where one spouse refuses to sign divorce papers; however the required waiting period may be longer than if both spouses agree to dissolve the marriage. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce. One way to prevent this problem is to agree to file the divorce under no fault grounds, after which you may find it easier to persuade your spouse to sign the papers. Covenant MarriagesCovenant marriages are designed to reduce the number of broken marriages by requiring counseling and imposing restrictions on obtaining a divorce. Couples must agree before tying the knot that they intend to enter into a covenant marriage and undergo counseling before obtaining a divorce. Although several states have pursued possible legislation concerning covenant marriage, as of 2011, only Arizona, Louisiana and Arkansas have laws on the books. If you are involved in a covenant marriage, you may find it difficult to obtain a no-fault divorce without enduring a lengthy waiting period, whether your spouse is cooperative or not. Signatures Required for a DivorceThere are several points in the divorce process when legal documents have to be signed. But there is also a defined process for what happens if one spouse refuses to participate in the process. Here is how that works: If your spouse does not respond to the divorce complaint by the deadline, you can ask the court commissioner or judge for a default decree of divorce. However, your divorce cannot be finalized until the mandatory waiting period has passed. Currently there is a required 30-day waiting period between the time the divorce complaint is filed and when the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). When children are involved, sometimes the process is further delayed. Contested DivorceWhen a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. Once the divorce becomes contested, a hearing must take place in order to establish the reasons for contesting the divorce and for the court to resolve those reasons. Divorce by Default ProceedingIf the spouse refuses to show for the scheduled divorce hearing and all attempts at negotiating have failed, the original filing spouse has the right to request a default divorce. In this instance, the court will uphold the divorce request and all of the original terms. This means that all divisions of property, child support amounts and custodial arrangements listed in the divorce papers will be the court’s final decision. What if Husband refuses all Cooperation in the Divorce?If your husband insists on stonewalling, the judge will issue a divorce by default. However, filing errors made on your part could potentially draw out the process. This is why it’s so important that you speak to a lawyer if you’re dealing with a difficult ex to make sure you consider every potential pitfall. If you told your husband you want a divorce, and he refuses to leave the house, what now? If your husband is abusive to either you or your children, or struggles with it might be possible obtain a restraining order. This should be done with the help of an attorney. However, if a restraining order is not possible, and the husband either owns the house, or you both own the house, it might be necessary to decide if it might be better for you to move out while the divorce proceeds. Or, depending on the situation, you might file the divorce petition and request temporary custody of the children. If successful, this will diminish your husband’s ability to leverage the children while you pursue finalization of the divorce. WHAT HAPPENS IF SPOUSES CANNOT AGREE ON DIVORCE AGREEMENTIf you and your spouse have been unable to reach an agreement on a divorce settlement you, with the help of your attorneys or mediators if you are using them—may decide to submit the areas under dispute before a judge at a pretrial conference. This sort of conference normally takes place in court. How to Obtain a Divorce When Spouse Refuses to Sign Divorce PapersNo one can stop you from getting a divorce if you want one, with the possible exception of the court. If your partner or spouse refuses to settle the current divorce agreement, your divorce will be considered a contested case and will generally require more time energy than an uncontested divorce. The good news is that while your spouse may legally make your divorce more difficult, they cannot keep you married once you initiate the divorce proceedings. With patience, determination and a willingness to study the laws, practically anyone can take the steps to resolving their divorce case. This post is to provide some basic information for those in Utah who are considering a divorce, but aren’t convinced their spouses are ready to deal with reality. In these cases both spouses need to discuss the difficulties of their life. They should sort out the matters by themselves, if they can’t then they can appeal to court for their controversy ideas and decisions to sort out as early as possible. Divorce Lawyer Free ConsultationWhen you need legal help because your spouse refuses to sign a divorce paper, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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How is Alimony Calculated in Salt Lake? Which Bankruptcy is Reorganization? via Michael Anderson https://www.ascentlawfirm.com/can-a-spouse-refuse-to-sign-a-divorce-paper/
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