Divorce Is Troublesome

As there are a lot of hurdles to deal with in a lot of circumstances when one partner gives the other divorce papers the recipient will refuse to sign in the vein attempt at halting the divorce however this is not the case.

The courts have realizes this is a possible, and rather common occurrence and have made laws to prevent it. When one spouse refuses to sign the divorce papers for 30 days, it comes down to what is called a divorce by default. This is basically where the recipient has forfeited their right to have a say in the divorce.

While they may have thought they were hindering the process, in reality all they were doing is making it easier on the person serving the divorce. By refusing to sign the papers they wave their right to have any say over the divorce, as such they can not contest the split of assets.

The person serving the divorce can file a claim for whatever assets they wish and if the judge approves, then that spouse gets it all without hassle. This can be the easiest method of divorce but also the hardest for the one being served. As they can have much more taken then if they had fought.

While a divorce by default is the simplest and easiest method of divorce, it is still a divorce and divorces are inherently troublesome and time consuming. So do not think you can just get a default divorce willy nilly and get everything you want. As there are still procedures you must follow.

The default divorce happens when the recipient does not sign the divorce papers for 30 days, but you need to prove to the court that this is what really happened. You have to show evidence that you did indeed contact your spouse and gave them the papers, and that they willingly chose not to sign them.

If you do not provide evidence of this, then you can not proceed on with your divorce. There are a variety of ways you can proof this and it is best to talk with your lawyer about the best method. Your lawyer will be able to tell you what exactly you need to do in order to prove to the court that you served your spouse the papers.

Proving that you served the papers is the most complicated part of the process, as well as the most time consuming since you have to wait the full 30 days. But after you get past this part it is fairly smooth sailing. Since after you have proven that your spouse received the papers but refused to sign them, you can move on with the rest of the process.

You can lay claim to assets acquired during your marriage and once you have it all listed you can present it to the judge. Again you should work with your lawyer to determine what exactly you want to get. If the judge approves of your claims then that is pretty much it. You have won your divorce and gotten what you wanted.

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