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Can a Person Refuse to Sign Divorce Paperwork?

2 people upset about divorce or breakup

While there’s nothing in the law that requires your spouse to sign off on a divorce judgment, it doesn’t mean that you’re stuck in the marriage. However, it will mean that the process will be longer because the Judge will actually have to Order the divorce after a hearing instead of the couple reaching an agreement and signing off on the settlement together and merely asking for the court’s approval. If your spouse is unresponsive to the petition you file initiating the divorce, then you can file for a default divorce, depending on what state you reside in.

You can file the paperwork at the county clerk’s office by yourself or with the assistance of a divorce attorney. Depending on where you live, you will have to pay a filing fee to initiate the divorce, but most counties will have an option to apply for a fee waiver if you meet certain financial requirements.

How Can I Maximize Visitation Rights with My Child?

Going through a child custody hearing is a challenging process that often leaves one parent wanting to increase visitation rights. The best opportunity to establish visitation rights is during the initial child custody hearing and not sometime afterwards. Too many parents wait until an unfavorable decision is made in court before hiring an attorney. Court rulings on custody are often final and very difficult to change after the fact. Despite this, you may be able to obtain more visitation rights if you can demonstrate to the judge that it would be beneficial or in the best interest of the child. However, the court will not consider your request right after an initial custody determination and a parenting plan is ordered. There must be a substantial change in circumstances from the time of the last hearing before the court would consider a custody change. To change the parenting plan, there doesn’t have to be a substantial change, but there does need to be a change that wasn’t considered before and the proposed change must be in the children’s best interest.

Hobson Oram Law