What Happens If a Spouse Refuses to Sign Divorce Papers?

What Are The Common Grounds for Divorce in Kansas?

Kansas divorce laws allow both “fault” and “no-fault” divorce. When you and your lawyer are filing your divorce petition, you still must state the grounds for the dissolution of your marriage.

According to the Kansas legislature, Statute Section 23-2701, your divorce could be granted on any of the following grounds:

• You are Incompatible – This is usually found as grounds in a “no-fault” divorce.
• Incompatibility due to a mental condition or mental incapacity of either spouse (this is based on fault).
• Failure of either spouse to perform a material marital obligation or duty (fault ground).

When you and your lawyer file your Petition for Divorce, you must also serve a copy of the petition and summons to your spouse, known as the “respondent.” When your spouse gets the divorce petition, they have 21 days to respond. They have the right to file an answer, a counterclaim, or both.

However, if your spouse refuses to respond or sign your divorce petition, your experienced and knowledgeable divorce lawyer must set a date for a court hearing, at which the judge will usually enter a default divorce judgment.

This is where things can get emotionally strained and difficult. However, your experienced Overland Park divorce lawyer, skilled in this issue, will thoroughly explain your legal options and the possible steps you must take so your divorce can proceed and be finalized.

Can My Spouse Refuse to Sign Our Divorce Papers?

The simple answer is yes; they can refuse. This often happens in “contested” divorces where you and your spouse disagree on numerous important items.

Suppose your spouse doesn’t acknowledge or sign the divorce papers and contests your divorce. In that case, you will usually have a series of court appearances to resolve the contested issues and move forward fully.

This is an area where the well-honed negotiating skills of your well-versed Overland Park divorce lawyer will be invaluable to your success.

Additionally, as your lawyer will explain, if a specific period passes and your spouse still doesn’t sign or file papers on their own, you may still be able to proceed with your divorce; however, this is a tricky legal area, and contingencies are often involved.

However, you must note that if your spouse doesn’t sign the divorce decree, your divorce will not be finalized until the judge enters a default judgment. This means the judge can grant your divorce without hearing from your spouse.

However, this is not simple nor the best path to follow. Still, it may be the only way to proceed, and your Kansas divorce lawyer’s expert, knowledgeable, and empathetic advice and guidance is mandatory.

What Are Some Steps I Should Take If My Spouse Won’t Sign Our Divorce Papers?

Although more complex, finalizing your divorce in Kansas is still legally possible if your spouse resists the process.

A few of the things you and your lawyer can do if your spouse fails to respond to the divorce petition are:

• Fully complete and submit all the divorce forms needed, including supporting documentation, etc.
• Have the divorce petition legally served on your spouse.
• Ensure your divorce petition and summons are done through the court system.
• Therefore, if your spouse doesn’t respond to your petition, they could face legal penalties.
• Additionally, you can draft a proposed divorce judgment, but ensure it is as fair as possible. Your detail-oriented divorce lawyer will know precisely how to carry out this critical legal process.
• Then, a request will be filed with the Kansas court to enter a default divorce.
• The Kansas divorce court will hold a hearing, and if your spouse still doesn’t, a formal legal notice will be sent to your estranged spouse.
• During this hearing, the judge will review all the documents involved, question you if needed, and, if the court is satisfied, issue a Decree of Divorce, which will finalize the divorce proceedings.

You must note that this process can be legally complex. The proposed divorce judgment must be drafted correctly and presented to the court with complete documentation. Your lawyer will also diligently and professionally represent you during the hearing and help you achieve the best possible outcome in your divorce case.

Can I Get Legally Divorced Without Getting My Spouse’s Signature?

So, can I get divorced if my spouse doesn’t sign the divorce decree, is absent, etc.?

It can be done, but professional legal guidance is a must.

Let’s say your spouse does refuse to sign the paperwork. This happens frequently, especially if you and your spouse have been living apart for some time and may not even be on speaking terms; you certainly have legal options.

That said, it’s critically important in a divorce case such as this to precisely follow all the proper legal procedures when your petition is served, etc., and ensure that every move you make is valid and legally binding.

In most cases, if your spouse refuses to sign the divorce petition, you can get divorced. However, in this challenging legal scenario, you and your competent and experienced divorce lawyer must usually file for a contested divorce. Additionally, and in precise legal detail, you and your lawyer must go through court proceedings to resolve any issues related to property division, child custody, child support, spousal support, etc.

So, it can be done even if your spouse doesn’t sign the divorce papers, is absent, and is not even present in your life. A case like this must be discussed in detail with a passionate and highly experienced Overland Park divorce lawyer who will ensure your best interests and rights are fully protected and preserved.

My Spouse Will Not Our Divorce Papers; How Should I Proceed?

Suppose you’re trying to divorce and are facing a challenging and contentious situation with your spouse. In that case, you must have professional guidance to negotiate and provide the legal tools to resolve the situation.

When a spouse refuses to sign divorce papers, they may feel they hold all the cards; with the right divorce law team, this is certainly not the case.

Regardless of your situation, the empathetic and highly professional divorce lawyers at Barnds Law LLC will provide you with the experienced and prudent legal advice you must have at this challenging time. They will help you make the informed decisions needed and always fight tirelessly for what’s in your best interests.

Call them today at 913-514-0909 for a full consultation on your unique divorce case. They will ensure you get the best legal results possible.