Does it matter if your ex refuses to sign the divorce papers? Probably not! It truly depends on the particular divorce documents in question. The divorce papers you’re referring to are often the first documents you send with the acknowledgment of service. Your ex won’t acknowledge receipt by signing off on the document.
Your ex’s refusal to sign shouldn’t stop you.
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There are several things you can file in court if they won’t recognize receiving the papers. These things can indicate an alternative method of serving them. There might be a method of evasion. To confirm that they have been served and have indeed received it, you can file the necessary updates with the court.
What Can My Spouse Do to Stop the Divorce?
Your spouse does not have to consent to the divorce. Therefore, the first thing you should do if your spouse refuses to sign the divorce papers is to acknowledge that you do not require their approval in order to obtain a divorce. If you have filed for divorce in Michigan but your spouse won’t sign the documents, you might be worried that you will have to deal with a protracted process that might go on for years.
Even if your spouse won’t sign the documents, the case will go forward anyway. However, it’s crucial to realize that just because your spouse refuses to sign the divorce papers, doesn’t mean they can stop you from obtaining a divorce.
While there are numerous myths about divorce, including ones that are propagated by television programs and motion pictures, it is not the case in Michigan where one spouse cannot obtain a divorce because the other will not sign the divorce papers. Instead, a divorce can still proceed under Michigan law even if the opposing spouse declines to participate in the process.
There can be however some very naughty tricks a spouse might use to invalidate your efforts in the divorce process. You need to watch out for these tricks. Maybe your spouse loves you truly and too much. Maybe your spouse is obsessed with you. No matter the reason, a spouse can learn a thing or two about sabotaging your efforts to end your marriage.
One of the following strategies may be used by your spouse to convince the judge that the marriage has not ended if they do not want to get a divorce or want to make your life difficult:
[ a ] Delay leaving the house so they may convince the judge that you two still loved each other even after the divorce was filed.
[ b ] Make up justifications for staying the night at your house, such as acting ill when the children are dropped off.
[ c ] Take you out to dinner on a special occasion, such as your birthday or a holiday, and make an attempt at seduction. If a judge discovers that the parties had sexual relations after the divorce was filed, many judges would throw out the divorce.
The scenario may be different if you are dealing with a difficult or vindictive spouse.
Where Do We Need Signatures in a Divorce?
Several times during the Michigan divorce process, legal papers must be signed. There is, however, a clearly laid out procedure for what follows if one spouse declines to take part in the process.
Here’s how it works.
You or, more precisely, your attorney will submit a divorce complaint to the local circuit court to begin the divorce procedure. Your chosen divorce conditions, such as the division of assets and custody of children, are spelled out in the divorce complaint. Even though you might be eager to be divorced, you should take your time and make sure these terms are appropriate. Both your family’s welfare and your financial future are at risk.
The divorce complaint is then delivered to your spouse along with a court summons form. The summons form should be signed by your spouse to show that they have received the divorce papers, although proof of service can still be given to the court without this acknowledgment.
Your spouse has 21 to 28 days to submit their answer to the court if they choose to oppose any of the terms of the divorce as stated in the divorce complaint.
You can seek the circuit court for a default decision of divorce if your spouse does not reply to the divorce suit by the deadline. The statutory waiting period must have elapsed before your divorce may be legally finalized.
There is a required 60-day waiting period for marriages without children between the time the divorce complaint is filed and the time the court will issue a final judgment of divorce (sometimes called the divorce decree or divorce settlement). The waiting period is 180 days (six months) when minors are involved, while it is possible in rare circumstances to shorten this time frame.
The court will grant the desired default judgment following the waiting period, making your divorce legally binding. The signature of the judge is sufficient. No signature is required from your spouse.
As long as the terms of the divorce are compliant with Michigan law, they will be as stated in the initial divorce complaint. For instance, parenting schedules and the split of marital assets must both be fair and in the best interests of the children.
What Can I Do If My Spouse Refuses to Sign the Divorce Papers?
Even while you do not need your spouse’s signature on the divorce papers in order to get divorced, the procedure can be quite difficult to navigate without an attorney.
The next step is to educate yourself about the Michigan divorce procedure so that you will be ready if your spouse refuses to sign the divorce documents.
If the other spouse declines to sign the initial divorce petition, the person seeking the divorce must formally serve the other spouse with the documents. Anyone over the age of eighteen may serve the documents, although it is sometimes required to do so through the Sheriff’s Office or with a licensed process server in order to ensure proper due process.
The other party may use the ordinary postal system if the other spouse is blatantly attempting to evade the case by fleeing or seeking refuge in an unidentified location. If all else fails, the spouse seeking the divorce may, with the court’s approval, utilize the local newspaper to publish a notice.
The process may continue through the courts and with the judge if the other spouse continues to be belligerent. Cooperation issues may still arise, but it may be at the other spouse’s expense. The case can still proceed, as determined by the court.
The judge may enter a default judgment granting the divorce to the spouse seeking the process if the opposing spouse chooses not to appear in court for the case or even to respond to the divorce petition. In such cases, the judge may give the majority of the requested relief, and the absent spouse does not have the right to appeal the judge’s ruling unless there is a good cause for the absence and failure to respond.
If your spouse does submit an answer, you and your divorce attorney can work to demonstrate that the waiting period and other divorce requirements have been satisfied and that your divorce should be approved.
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Goldman and Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.