Uncontested Divorce Lawyer Putnam
What Happens When a Spouse Won’t Sign Divorce Papers?
Have you completed the paperwork for your divorce in Putnam and your spouse is refusing to sign the divorce papers? Divorces can often take longer than expected. When one spouse refuses to sign the papers or fails to respond to a request for the divorce, the entire process can become difficult. How a judge will determine the best solution will depend on where you live. In some states, the divorce can proceed uncontested. In other states, a judge may grant the spouse asking for the divorce a default divorce.
Here is a brief description of what an uncontested divorce and default divorce would be like according to Gregory Salant, an uncontested divorce lawyer serving the Putnam area.
Uncontested Divorce
This is one of the easiest types of divorces. Both spouses file the necessary papers and agree to all the divorce-related issues, such as spousal support, child custody and support, and the division of property and debts.
If both spouses have reached an agreement, a judge will review the agreement, issue orders and grant a divorce. If the agreement involves child support and custody terms, the judge will make sure that the parenting agreement and the child support amount is in the best interests of the child and meets state guidelines.
If one spouse served the divorce petition on behalf of the other, and he or she filed an uncontested response, courts in some states may allow the case to proceed uncontested. If the other spouse fails to appear on their court date, the judge may treat the case as uncontested and enter orders based on the divorce petition and the response.
Default Divorce
If one of the spouses is served divorce papers and if the other fails to file a written response on time, the petitioning spouse may file a request to enter a default divorce. A default divorce is usually granted when one spouse has been served but fails to respond within 30 days. It may alsobe granted when a spouse cannot be located for service.
In a default divorce, a court will set a hearing date and ask the petitioning spouse to appear. At the hearing, a ruling will be made based entirely on what is stated in the divorce petition. The spouse who fails to respond or appear gives up the right to have any say in the divorce proceedings or court judgment.
Issues pertaining to divorce can be very complex. Gregory Salant of Harold, Salant, Strassfield & Rotbard, LLP ensures that clients are well informed throughout the entire process. He will fight to protect you and your family during the divorce so that you can move on with your life. For a free consultation from an uncontested divorce lawyer serving the Putnam area, call 914-683-2500 or email gsalant@haroldsalant.com.