You asked: Do both parties have to sign divorce papers in Indiana?

What happens if your spouse won’t sign divorce papers in Indiana?

What if he won’t sign the papers? You can get a divorce even if your spouse does not want it. You will have to tell the Court, in your petition and at the hearing(s), that your marriage has suffered an “irretrievable breakdown.” This means that you cannot fix the problems in your marriage.

Can you get a divorce if one does not sign?

The fact is that California is a no-fault state and you do not need your spouse’s signature to get a divorce. … If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

What happens if defendant does not sign divorce papers?

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. … Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce.

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Can my ex refuse to sign divorce papers?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

Why do divorce papers have to be served by someone else?

This lets your spouse know that papers have been filed at the courthouse to start the divorce process. It also lets them know what is being asked for and how much time they have to respond. For the divorce to actually proceed, the court will need proof that your spouse was served with the petition.

Do you have to be separated before divorce in Indiana?

While you do not need to be separated from your spouse prior to filing for divorce, you must live separately from your spouse for a minimum of 60 days before the court will grant the divorce. In addition, there are several requirements before you can file for divorce in Indiana.

Should I sign divorce papers?

Your spouse does not have to sign anything. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.

What happens when one person wants a divorce and the other doesn t?

If one partner wants a divorce and the other one does not, the end result will still be the same. A court will eventually grant the divorce, no matter what the unwilling partner does to delay the process. However, a partner who doesn’t want to grant the divorce can make the process much more difficult.

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