Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
When both spouses agree on most or all divorce issues, the process is likely to be smooth, quick, and inexpensive. Unfortunately, divorce is more than a legal issue and the emotional aspects that go along with ending a relationship can make even the simplest of actions more complex. The laws do not impose marriage on spouses who wish to be divorced, so there are remedies regardless of spousal agreement. Read on to learn more about dealing with a spouse who refuses to sign the divorce agreements and other documents.
Evading Service of Papers
You will very likely be the one to file for divorce if your spouse is not in agreement with the idea. To be divorced, you must first legally inform the other party of your intentions. This is may be accomplished in several ways, but with an uncooperative spouse, you might need to use a process server. Unfortunately, spouses who expect to be served can hide from servers or they can accept the papers but avoid signing them.
Default or Uncontested?
The way this issue gets dealt with depends on the laws of the state where you live. In some states, the law gives the spouse who filed for divorce the option to be awarded with a divorce "by default" after a certain period of time. In other states, a non-response by the uncooperative spouse will result in the divorce going forward as uncontested.
By Default
To use this method (in the states where required), you must show that you located and served your spouse. The paperwork that should be served in a divorce action is called by various names – it might be called a petition or a complaint. The divorce complaint requires a response, known as the answer, and the served party has only a certain amount of time with which to respond. The answer must be in written form and address each and every provision within the complaint. Most complaints list grounds (if any), child custody, debt, property, spousal support, and other divorce issues. Most of the time, your spouse must respond within about 30 days to the complaint. If that doesn't happen, you can be granted a divorce by default. You will also automatically be granted everything you asked for in the divorce. Usually, your spouse is given one more chance to appear at a hearing and then the divorce is final.
Uncontested
In some states, a spouse that does not respond or show up for any court hearings loses their power to contest the divorce. Uncontested divorces can proceed to the final stage with or without a spouse's approval or presence.
If you dealing with an uncooperative spouse, speak to a divorce lawyer as soon as possible for advice.
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