Getting Your Spouse to Sign the Paperwork

Sure, your divorce is uncontested, because your spouse is not even going to participate at all.

This may be your initial thoughts, but this will result in a default divorce, which will automatically require professional service of the paperwork (this is an additional expense) and a lengthier process. Your spouse will have a certain period of time, typically 21 or 30 days to respond to the Summons. If he or she does not respond within this period, often times a court or judge will require additional time just to make sure your spouse is “truly” in default. This extra time can easily add up to 60 days before your divorce case can proceed through the court.

Expecting no response from your spouse is also much different from “getting no response”. What if your spouse does respond and does not accept the terms in your Petition or Complaint? No what? Yes…you will probably be hiring a lawyer.

Talking to your spouse about signing the 2 or 3 documents to complete an uncontested divorce is certainly worth it. You do not have to sign the documents together, at the same place, or in front of the same notary. You can also mail them the documents and they can mail them back to you. This is very common when the spouse live in two different states. Provide self addressed envelopes to make it easier and no expense to them. Also give them fair waring that the papers are on the way. Nothing like opening up your mail to be surprised with divorce papers. Provide a short note with the paperwork explaining where he or she should sign and when.

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