What happens if the wife wants a divorce, but the husband does not sign the divorce papers?
posted Sunday,
4:16 am
does that stop the divorce ? If it does not stop the divorce why is his signature needed ?
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Filed under: Divorce
just because a person doesn’t sign, its not the end of things, one doesn’t need the other persons permission to divorce, if he doesn’t sign she will still get her divorce.
no, doesn’t stop the divorce; there are ways around it……legal notices in the paper for one
no my dad tried that and his divorce will be final next month. there is no point in trying to be with someone who doesnt want to be with you.
Every state has different laws. An attorney would be the best person to contact. However, in Mississippi if the spouse refuses to sign the divorce papers then you can sue him for divorce.
The courts and attorneys would rather him sign the papers because that would take a lot less time and money for everyone. When you sue for divorce then you have to go to court but on a peaceful, no-fault divorce the attorneys go to court, have the paper signed and leave. It is easy as pie.
Suing for divorce involves actual work.
Again, you need to get an attorney if you are serious about this.
Also, since it seams your husband wants to work it out is there any way to do counseling and save the marriage? That’s just something to think about.
THEN IT GOES TO COURT AND THE JUDGE DECIDES.
There will be a set day drawn up by the court to finalize the Divorce, if you fail to show up on that day, the divorce is granted and uncontested.
Why would you still want to be married to someone who clearly no longer wants to be with you? If your wife wants a divorce, no point hanging on in there in the hope she will change her mind
the divorce will proceed with out the other party
There are usually two ways to get divorced. One is called a dissolution and one is called a divorce. A dissolution is were two people agree to get divorced and they sign papers to present to the court and the court has a hearing and dissolves the marriage, and then they are "divorced."
The other way to get divorced is by petitioning the court for a divorce and the court will serve him with divorce papers, and give him a set date for a hearing. During the hearing, each party is able to present their individual pertinent items, as they pertain to the divorce and then the judge/magistrate rules on the proceedings and provides you with a divorce decree. He would not need to sign in this case.
I hope that makes sense.