When you and your spouse say “I do” at the altar, the last thing you may anticipate is filing for divorce. Unfortunately, matters may be made even worse in the event that your spouse refuses to sign the divorce papers, leaving you unsure of your legal options. If this reflects your circumstances, you may assume that there are no steps you can take to protect yourself, which is far from the truth. The following blog explores what you should know about your rights during these difficult times and the importance of working with St. Louis County divorce lawyers to assist you during these complex matters and help you begin the next chapter of your life.
Can the Divorce Still Proceed if My Spouse Won’t Sign the Papers?
When your spouse refuses to sign the divorce papers, you may be worried that you will be unable to proceed with your divorce. However, it’s important to understand this is not the case. Because the court knows that many can permanently stall their divorce by failing to respond, they may issue a default judgment.
Essentially, when your spouse refuses to submit the divorce papers, the court can proceed with the divorce. They will hear your side and examine the evidence you’ve provided before proceeding with a default judgment. This means that, because a party has failed to respond, the court can issue a final decision on the divorce, likely ruling in your favor, as a result of your spouse’s refusal to cooperate.
How Long Will This Take?
In general, Missouri law prohibits a divorce from occurring sooner than 30 days from the date on which it was finalized. As such, an uncontested divorce can be finalized relatively quickly, as you and your spouse are in agreement on the matters of the divorce. However, when your spouse does not agree with all of the matters, it becomes an uncontested divorce. This can take longer, as you and your spouse will need to negotiate the terms and conditions of the divorce.
If your spouse doesn’t respond to the divorce petition, you’ll find that this can take even longer, especially if they are avoiding service. However, once they are served, the court will proceed without them if they refuse to cooperate. As such, the court can begin issuing a default judgment thirty days from the date on which your spouse was served if they have not issued a response within this timeframe.
Going through a divorce can be difficult enough, as this is often a stressful and emotional time. However, when your spouse refuses to cooperate, it can make matters even more upsetting. As such, it’s important to understand that the law is in your side. At Stobie Family Law Group, our team understands how complicated these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome for your unique circumstances. When you need help, contact us today to learn how we can assist you.
