There can already be more than enough drama once a divorce ensues, and this process is only complicated if a spouse will not even consent to start the process. The legal actions you can take in response to this will depend on the state where you live, but you may have ways around unsigned papers. Whether your spouse refuses to sign, or you cannot even find your spouse to serve him or her the papers, a divorce lawyer can help you through the process of moving on in life.
In some states, you will be able to go ahead with an "uncontested divorce", regardless of whether or not your spouse signs the papers or can be discovered. What an uncontested divorce usually entails is that you and your spouse have both filed for the divorce, and that you have signed an agreement about all the pertinent issues. This means that you have agreed about alimony (or spousal support), child custody, child support payments, and property division. The court will only need to ensure that your agreement about child support and custody match up with state regulations and are in the best interests of the child. Otherwise, a court will likely agree to everything you two file and turn the agreement into court orders.
If a spouse will not sign the papers though, for whatever reason, then in some states, you can still pursue a divorce just as if it were an uncontested divorce. You would be given a court hearing, at which you would have to appear. If your spouse is a no-show, then the judge can move along, making court orders based solely off your petition.
Another option you may have, depending on the state, is going through with a "default divorce". You might be able to do this if you have given your spouse due service of the papers, and he or she gave no written response within the deadline of thirty days. If you have diligently searched for your spouse and cannot find him or her, then this is another situation in which you may be able to proceed with a default divorce. You will have a hearing, and again, if your spouse does not attend, then he or she has likely lost the right to influence the divorce process. The judge will look at your divorce petition and create orders off of that. This process can further save you time and money, as after the initial hassle of your spouse not cooperating, the divorce becomes rather simplified. Some couples even jointly agree to pursue this option. They bypass the courtroom struggle and the long waits in between court hearings, and one spouse will file a mutually agreed upon arrangement.
Before any of this is finalized, however, default divorce is something that your spouse may be able to fight against, bringing the divorce all the way back to the starting point. If your spouse acts in time, then he or she may be able to convince a judge to remove his or her default status. A default divorce is not guaranteed and can end up prolonging an already stressful divorce process. You need to be adequately prepared for any event in the divorce process.
When you are working on creating a new future, you definitely do not want to be without legal guidance. You will also want to find the best divorce attorney to represent you. Find out what your options are. Have dedication and skill on your side in a courtroom. Contact an experienced divorce lawyer today!