The divorce process can be a long and tedious one. Not only is it hard on the couple, it also wreaks havoc on those associated with them, especially the children.
In case either spouse is unwilling to sign the divorce papers, divorce can still be given. The divorce action then turns into a contested divorce which requires court hearings.
How long does a divorce take if one party doesn’t agree?
The final announcement of the divorce decree depends on many factors. A typical divorce can take anywhere between a few months to a year.
If a spouse files for a divorce and the other party is not in agreement, then the divorce may take even longer.
When either party does not agree to the divorce, the case becomes a contested divorce. On the other hand, when both spouses desire to get divorced and have made all settlements then the divorce is uncontested.
The first step is to understand that the duration of the legal process of divorce also depends on the state you live in.
The general information on divorce suggests residency requirements. Both spouses must have lived in a state for a set minimum time before applying for divorce in that state.
Every state in the US has different terms of divorce. For instance, in Texas, there is a 60-day mandatory waiting period after the divorce documents are filed.
The mandatory waiting period applies to both contested and uncontested divorce. The next step is to figure out the nature of the divorce.
After the waiting period, if one spouse is still not ready to sign the paper then the filing spouse can start a divorce case.
How long the proceedings take will depend on the individual case. Both parties must hire a divorce lawyer for legal advice and court representation.
The reasons for not filing for a divorce can be many, such as:
- One spouse thinks that their irreconcilable differences are resolvable.
- There is a major dispute on property division.
- Conflict of the parenting plan, child custody, and child support payments.
- One spouse is not interested in providing spousal support after divorce.
- And more
Can a judge deny a divorce and issue marriage counseling?
Yes, a court judge has the authority to deny a divorce and issue a court order for marriage counseling instead.
A judge usually enjoys great latitude in settling divorce cases. After hearing an individual case the judge might feel that the marriage can be saved.
However, can a judge force the couple to undergo counseling? This is a complex issue as people cannot be forced to do anything against their own will. But some exceptions exist.
The judge will take important factors into account before making such a decision.
Do both or either spouse want counseling? How bad is the conflict between the couple? Is there a history of abuse or violence?
The judge will make the decision after contemplating such important questions and issue a temporary order.
Another reason why the judge may order marriage counseling is because of children. Divorce should not negatively impact a child’s life. The judge is aware of this and wants to see if the marriage can work.
However, it is important to note that marriage counseling seldom works when either spouse rejects counseling. No amount of counseling will work when the couple does not want to live together.
After the recommended period of counseling the couple may not wish to save their marriage. In that case, another divorce petition can be filed at a later date.
Can my husband refuse to divorce me?
Yes, your husband can refuse to give you a divorce. In that case, there are steps that you can take to get a divorce anyway.
Before seeking the help of a skilled attorney to fight your case, try talking to your husband.
Try to reconcile your differences off the table. Understand the reasons why your husband is unwilling to walk out of the marriage. Perhaps you can sort your problems out.
In many cases where one spouse refuses to divorce, the judge orders marriage counseling. In case your uncooperative spouse still refuses to budge, you can file for divorce again and fight the case.
How to legally stop a divorce
Once the divorce proceedings are underway, there is no legal way to stop them. This is largely due to the no-fault divorce system.
Earlier, couples had to prove fault grounds to get a divorce. This fault-based divorce was only granted if one spouse could prove that the other did something which damaged their marriage.
Fault grounds include adultery, domestic violence, clinical insanity, prison confinement, and sexual impotence.
However, today a spouse does not need a fault ground to end the marriage. This applies to all the states in the US.
If a spouse wishes to stop the divorce, they cannot take any legal discourse. However, they can fight the case and stall for more time. But eventually, the divorce will be granted.
The only way a divorce proceeding can stop is if the filing spouse withdraws their petition.
Do I have to sign divorce papers if I don’t want to?
The spouse’s signature is not paramount to completing a divorce procedure. If that happens, the case becomes a contested divorce.
However, this only applies to fault-based divorce. In the case of no-fault divorce, both spouses must sign the divorce papers.
Court hearings will then begin. The time taken for resolution will depend on the evidence provided and the nature of the case.
How to get a divorce if spouse refuses in Mississippi?
After the divorce petition is filed and one spouse refuses to give the divorce, the case is then taken to court.
In case the divorce is filed on fault grounds, the court can make a default judgment. Based on the evidence and witnesses, the judge can grant a divorce if the case is compelling.
In a fault-based divorce, even if the spouse in a disagreement does not show up to defend themselves, the judge can grant a default divorce.
But if it is a no-fault divorce, both parties must agree to get the divorce.
What to do if spouse won’t sign divorce papers in California?
In California if the respondent spouse does not respond to the divorce papers, the filing spouse can take the following actions:
- The filing spouse must file for a divorce petition.
- A spouse’s consent is not mandatory if the filing party can produce a proof-of-service. The filing spouse needs a process server, a sheriff, and a friend or family member to serve the respondent spouse.
- The serving party will sign on behalf of the respondent. After that the respondent’s spouse is sent the paperwork.
- When the respondent spouse does not respond within 30 days even through text messages, the filing spouse can apply for a default divorce.
- In case of unresolved issues, the filing spouse must appear before the judge. The judge will come to a reasonable decision.
- If there are no unresolved issues, the judge can green-light the divorce without requiring the filing spouse to show up.
What is an uncontested divorce and how to arrange it?
An uncontested divorce happens when both spouses have settled their wishes and needs off the table. They have voluntarily decided to get divorced.
This happens when there are no conflicts of interests like property division, child custody, and spousal support. In that case, the judge only has to grant an official divorce decree.
To seek an uncontested divorce, both spouses must sit and discuss their divorce thoroughly. They can even seek the advice of their respective lawyers.
In case neither wants to spend money on hiring an attorney, they can seek free consultation from trusted friends and family.
Both spouses must agree on various terms of the divorce like:
- Asset and marital property division
- Shared mortgages, loans, and debts
- Alimony and spousal support (if required)
- Child custody and support
- Court and divorce documentation fee
- Attorney fee (if any)
If there are no conflicts of interest in the above-mentioned checklist, an uncontested divorce is viable.
FAQ relating to can you be forced to divorce
What happens if one spouse doesn’t want a divorce?
The divorce proceedings can continue. But the case becomes contested. This calls for court hearings and hiring a good lawyer to fight the case. Such a divorce can take a long time to resolve.
Can you get a divorce if your spouse doesn’t want to?
The short answer is: yes. In fact, if it is a fault-based divorce then the respondent party does not even need to sign the divorce papers. But in a no-fault divorce, both parties must sign the papers.
Can I divorce my wife if she refuses?
Yes, but the case will become uncontested. Court proceedings will begin with each spouse presenting their case.
What if I don’t want a divorce?
You can hire a lawyer and fight the case in court. But if your spouse is convinced they want a divorce, it will only prolong the divorce procedure. Ultimately, you might have to give in.