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Can A Person Get Divorce Without Their Spouse Signature?

  • Writer: lead India
    lead India
  • Apr 21, 2023
  • 3 min read

Even the most pleasant divorces may be emotionally draining and exhausting. However, if your husband is unwilling to sign the divorce papers, it could render things much more difficult and irritating for you.


If you've decided to divorce, you're probably eager to get it over with so you are able to concentrate on obtaining a fresh start. When your husband refuses to sign the forms, you may become enraged, bewildered, and impatient to move things ahead.


Reasons for not signing the Divorce Papers


First and foremost, you should try to understand why your partner is reluctant to sign. This activity could be motivated by a variety of factors. In some circumstances, sitting around and clearly communicating to your partner that you are no longer happy in the relationship could convince them to sign.


Some people believe that pulling out of the agreement will give them control over their partner, thereby making the other partner desperate enough to make compromises solely to expedite the divorce. If you believe this is their motivation, resist their manipulations.


Another typical motive for a spouse refusing to sign divorce papers is to make life more challenging for their spouse. Divorces may bring out the worst in individuals, and a spouse might decline to sign the papers for a period of time just to cause difficulties. Despite the fact that it is a relatively petty activity, both spouses generally end up signing the form in the end since it is obvious that neither of them is satisfied.


One must simply put, understanding the cause for their unwillingness to sign allows you to better understand how they react to this behaviour. What your husband hopes to accomplish by refusing to sign the paperwork will determine whether it's necessary to just sit down and speak, wait it out, or take a hard line with discussions.

Does a Person Still Obtain Divorce?


Whether your spouse refuses to sign on to the divorce papers, you may be worried and wondering whether you can still divorce or are locked in the marriage due to their actions.

The good news is that you don't have to establish that one spouse was at blame for the divorce. Instead, simply mention that you believe the marriage is irreparable and continue to apply for divorce.


One must simply file an Application for Divorce with the courts, along with your divorce lawyer. This can be accomplished without the signature of a spouse. A process server will serve the documents to your spouse after it has been filed.


After then, your spouse will have twenty days to file an objection with the court. It will be in their greatest interest to finally reply to your file; if they do not answer within twenty days, the court will deem it an uncontested divorce.


If your spouse does not respond, a default session on your uncontested divorce will be scheduled. You must go to court and request the divorce in person; the judge will then question you about the property split and child custody.


Assuming your partner has still refused to appear at the default hearing, the court will normally grant the justifiable demands of whoever spouse has appeared. However, you ought to continue speaking with an attorney about these issues.


Possible Complications


Thus, if you can file an application to dissolve the relationship without your spouse's signature, you may be wondering what the big deal is. The simple truth is that going through a divorce will always be easier when both parties can collaborate with one another.

You will not be entitled to claim mutual consent if your partner refuses to sign anything.


Instead, you must file for a no-fault divorce after a one-year separation. It can significantly slow down the procedure. The good thing is that your husband does not need to consent to the separation in order for you to achieve this condition. You only need to live in an independent house for one year and not engage in any sexual intercourse before filing.


You will need a lawyer to assist you with the divorce without your spouse's signature. If you want to continue with the divorce procedure without the spouse's signature in Gurgaon, then a Divorce lawyer in Gurgaon can be hired.


If you want to continue with the divorce procedure without the spouse's signature in Cuttack, then a Divorce lawyer in Cuttack can be hired. Similarly, a Divorce lawyer in Delhi can be employed if you want to continue with the divorce procedure without the spouse's signature in Delhi.


At Lead India, you can consult and talk to lawyer. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.


Call Us: +91–8800788535


 
 
 

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