What happens if i dont agree to a divorce

Maybe if you ignore the problem it will go away. Contrary to what you may have heard or what you might think, refusing to sign divorce papers will not stop your divorce. Instead, what will happen if you refuse to sign your divorce papers is that you will give up your rights to negotiate a settlement that takes into consideration what you want. All matters related to property division , child custody , and spousal support will be determined solely by your spouse.

The dissolution of a marriage is a legal process, a form of litigation. The party that is suing for divorce is known as the petitioner, while the party that is served with divorce papers is the respondent. Typically, the respondent has 30 days to respond to divorce papers.

In some cases, these terms will be fair to both spouses. In other cases, the petitioning spouse may try to secure terms that are much more favorable to them. They may ask for sole custody of the kids, demand ownership of the property you value most, and request expensive financial support. The only way to negotiate terms to your liking is by responding to the divorce papers. You typically have 30 days to respond to divorce papers. A judge can issue what is known as a default judgment if you fail to do so.

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear. At the hearing the judge may issue a ruling based entirely on what is stated in your divorce petition or based on what you proved to the court and then issue your divorce orders and judgment.

By failing to respond or appear, your spouse gives up the right to have any say in the divorce proceeding or court judgment. If you have filed for divorce and are dealing with an uncooperative spouse, you should speak with an experienced divorce attorney to discuss the possibility of pursuing a default case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Yes, you can indeed refuse to sign each and every version of an MSA that is presented to you.

You can also refuse to meaningfully participate in any settlement negotiations, during which you would have had a voice in how your divorce would resolve. You can stick your head in the sand and dig your heels to the point of insanity. Do you know what will happen if you do this? Your spouse will get the divorce anyway.

Because you refused to participate in the process, your spouse will pretty much write their own ticket for how they want the issues resolved. Then they will appear in court without you for a Default Hearing. The Court will not require your spouse go into nearly as much detail about the terms of the document as you might expect. Unless something really wacky is revealed during the limited testimony being taken, your spouse will likely be granted a divorce that day and that document prepared by them or their attorney will become the entire resolution of your divorce.

You will be divorced and will have had no say in any of it — all because you refused to cooperate with any part of it. Of course, it is a traumatic experience when the person you love ends your marriage while your heart is still in it. As much as you feel like your world may be crumbling, you will get through it - we assure you of that. When your spouse has chosen divorce, your only reasonable option is to comply with the process and participate in the resolution of the most important issues in your life.

We cannot emphasize enough that digging your heels or keeping your head in the sand will only hurt you, your financial future and possibly even your children. Whether you are the spouse wanting the divorce or you need help responding to one who does, please contact our office.

We can help you get a fair resolution of all issues despite the disagreement of whether the marriage should have ended in the first place. Skip to main content. A creative and personal approach to family law issues. We can help. Call Melissa M. Ruvolo, Esq.