Whatever the circumstance may be, we know the decision to get a divorce didn’t come lightly.
It’s one of those processes in life that are never easy and are even harder to get through the more it’s delayed. Although some divorces are fairly easy because of mutual agreements, most will require legal assistance from a lawyer especially if shared assets and finances, children, or pets are involved.
So, your soon to be ex doesn’t want to sign the divorce papers. What do you do?
1. Try talking to them…again
Divorces can get nasty. Hurtful things are said and most times someone moves out before the divorce is actually finalized.
However, an empathetic dialogue can go a long way. We have to remember this isn’t easy on anyone and the impact left on both your lives are uniquely traumatizing. For instance:
● Either one partner will need to move out, or both will depending on the housing situation.
● Work may be impacted due to the relocation or emotional impact.
● New habits and routines need to be adopted, getting used to not being in each other’s lives.
It’s a psychological and emotional process that’ll require patience. So, have you two tried talking to each other? Can you two safely sit in one room together, understand each other’s point of view, and come to an agreement?
2. Does your state allow you to divorce without your partner’s signature?
Yes, some states allow couples to legally separate without the need of the other partner’s signature.
For example, Florida is known as a “no-fault state” and allows couples to file for an “irretrievably broken” marriage. In other words, a spouse doesn’t need to prove that their partner did anything wrong. Depending on the filing procedures, the spouse can simply file the appropriate paperwork, and become legally divorced.
With the inclusion of Florida, these states are among the 17 no-fault states in the US:
California.
Colorado
Hawaii
Indiana
Iowa
Kansas
Kentucky
Michigan
Minnesota
Missouri
Montana
Nebraska
Nevada
Oregon
Washington
Wisconsin
Again, each state’s filing procedure is different. Even if you live in one of the states listed, be sure to check exactly what is needed to appropriately file for a divorce.
3. It’s best to get a lawyer involved
We know. Lawyers can be costly and the process can get delayed. Worst of all, getting a lawyer may signify you don’t trust one another to separate peacefully. But if your soon to be ex refuses to sign the divorce papers, there’s only so much you can do on your own.
Normally lawyers will use the refusal as an opportunity to provide proof of your corporation to the judge—which in turn can assist in the separation of assists and so forth.
It’s a no brainer if your soon to be ex in putting you in a difficult position.
We know you know what to do. It’s okay. You can do it
You know what you need to do. But sometimes we need some validation and it’s okay. We get it.
As much as you want to try and peacefully separate, personal belonging and emotions get in the way—sometimes to the point of the need of legal interference. It’s best to be safe and hire a divorce lawyer.
Divorce and Family Law Representation Near You
For more than 60 years, our Family and Divorce Law Office has helped clients in Jackson Michigan and beyond navigate the ins and outs of divorce. We are prepared to offer our clients knowledgeable representation on a wide range of issues that range from legal separation to child custody, division of property, child support and orders of protection. If you have questions, are thinking of divorce or have family law issues, we are here to help. Call and speak with a family law attorney today.