Quick Answer: Can A Spouse Drag Out A Divorce?

What happens when one spouse doesn’t want a divorce?

If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested.

You may wait to be assigned a court appearance date..

Can you divorce someone if they don’t want to?

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

What happens if a spouse won’t sign a separation agreement?

Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. … Therefore, if a spouse refuses to sign a separation agreement, the other spouse cannot force the unwilling spouse to do so.

How long can your spouse drag out divorce?

After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.

Can you get divorced if your spouse is in jail?

A spouse in prison will have access to divorce papers and other legal filing materials from the prison library. It’s possible for an incarcerated spouse to file for divorce from prison as well. … In some cases, a prisoner may attend divorce hearings in person or may do so by phone if leaving the prison is not an option.

Why is my wife delaying the divorce?

There are countless reasons a spouse might try to delay divorce proceedings, such as: Unhappiness about the divorce. Desire to make the divorce process as long and difficult as possible. Revenge or punishment.

What happens when one party refuses divorce?

When a spouse refuses to sign divorce papers, the divorce is no longer placed on hold, but instead considered contested. … If both spouses show for the hearing, the court will determine the legal terms of the divorce through testimony and evidence. The court will also decide on all settlements and divisions of property.

What if husband wants divorce and wife doesn t?

If your wife is adamant in troubling you the option is to initiate procedure from your side. You can file a divorce on ground of cruelty after one year of your marriage. You said your marriage is one year over,so you should file and independent petition against her in the Court.

How long can a spouse refuse to sign divorce papers?

The Spouse Opposes the Divorce Opposing a divorce is very limited if the court is satisfied that the marriage has broken down irretrievably and the parties have been separated for a minimum of 12 months. The Court can grant a divorce order, even if the spouse refuses to sign any documents.

Can you get a divorce if your spouse refuses to sign?

No. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.

What happens if my spouse contests the divorce?

What Is a Contested Divorce? In a contested divorce, the spouses are unable to come to an agreement on issues such as child custody and the division of marital assets. In such situations, the litigation process takes longer to conclude and often involves increased legal fees.

How do I file for divorce if my spouse is incarcerated?

You are not allowed to personally hand the divorce documents to your spouse. Instead, you must have the divorce documents mailed to the person in charge of the prison where your spouse is located along with a letter, requesting they forward the documents to your spouse.

Can I file single if my spouse is incarcerated?

If you’re married and your spouse is incarcerated when it comes time to file your federal tax return, you may be able to file as “Married filing jointly,” “Married filing separately” or “Head of Household.” The filing status you choose will determine the amount of your federal tax refund or the amount you owe.

Why would someone drag out a divorce?

Someone may be delaying the divorce and dragging it out as being a form of punishment or payback to their ex, to benefit financially, to attempt to financially drain the other party, to delay ending a marriage, or some other agenda.