Divorcing spouses often cannot see eye-to-eye on many of the key issues involved in the process of dissolving their marriage. In fact, some may not even agree on the divorce itself and refuse to sign the papers. If your spouse is refusing to sign the divorce papers, you likely have some concerns about the future and how this process may be affected. Thankfully, as long as one spouse chooses to end the marriage, the other cannot prevent it.
Divorcing an Uncooperative Spouse
Although a resisting spouse can create some unnecessary hurdles during the divorce process, it cannot stop the process altogether. In New York, you may still get an uncontested divorce even if your spouse refuses to sign. However, you will need to have your spouse personally served by hiring a process server to serve your spouse the documents. When your spouse receives the divorce papers, the process server will sign an affidavit, confirming that the papers were given to your spouse. If your spouse does not respond to the summons within 20 days, you can proceed with the divorce regardless if your spouse consents to it.
If you cannot find your spouse, however, you will have to go about pursuing your divorce in a different manner. In New York, spouses may divorce by publication. To do so, you will need to prove the court that you tried every possible avenue to locate your spouse by publicizing the divorce in a newspaper for 3 weeks. If you are still unable to locate your spouse or your spouse refuses to reach out to you, you can proceed with the divorce as an uncontested divorce. Through an uncontested divorce, you will likely receive the settlement you request in your petition.
As you can see, though you might encounter some difficulties, your spouse’s refusal to sign the divorce papers cannot stop you from dissolving your marriage.
Get Started on Your Divorce and Reach Out to Our Knowledgeable Divorce Team Today!
If you would like to end your marriage, but your spouse will not sign the papers or you do not know where your spouse is, you will need a knowledgeable family law team on your side to get you through the process. At Goldweber Epstein LLP, our compassionate attorneys have the experience and knowledge necessary to help you smoothly divorce your spouse.
Call our law office today at (917) 809-7669 to set up a consultation with a member of our team to discuss the details of your divorce case.