Even the friendliest divorces can be emotionally tiring and difficult to negotiate. But if an ex is uncooperative and refuses to sign divorce papers, it can make things even worse and frustrating for the other person. If one has decided to get a divorce, they are probably ready to move ahead and focus on getting a fresh start.
Having the ex-partners dig in their heels to sign the divorce papers might leave one feeling angry, desperate, and confused in moving things forward. If one struggles in such situations, they should know how to proceed or hire a separation lawyer in Perth to ease the process.
Do Both Members Have To Agree To Divorce?
If an individual wants to end their marriage, but the ex does not, one should still get a divorce. States have processes for dealing with partners who hide out to avoid getting served with a divorce petition or do not respond to petitions. But if an ex tries to frustrate an individual’s divorce efforts by refusing to agree to a no-fault ground allowed in a state, the process could get more complicated.
In some states, if a partner denies that both of them do not get along well, they either have to prove a ‘fault’ divorce ground or remain separated for a year before getting divorced. Different divorce laws depend on the state or country.
Why Are They Not Signing?
Most importantly, one has to understand why an ex refuses to sign the papers. There can be different motivations behind this action like they could still be hoping to make things out and preserve the marriage. In this case, one needs to sit down and explain to their ex why they are not happy with the marriage, which could lead them to sign the divorce papers.
They could also be trying to use this refusal as leverage to give up certain assets or custody of their children. Some people think that refusing to sign the papers can give them power over their partner, making the other party desperate enough to sacrifice things to move with the process. If one thinks that is their motivation, they should not give in to their manipulation. Instead, one needs to talk to divorce lawyers in Perth about other ways to proceed.
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- Another usual reason for an ex to refuse to sign divorce papers is to make things difficult for their partners. Divorces can result in making people worse, and a partner could refuse to sign the papers to cause trouble. While it could be considered a petty action, both the partners usually end up signing the papers as none of them stays happy.
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- One might need to know the motivation behind an ex refusing to sign the paperwork to understand ways to respond to the action. Whether one needs to sit down and have a talk or wait it out, it is hard to draw a line of negotiation based on what the ex hopes to achieve by refusing to sign the papers.
Can One Still Get A Divorce?
If an ex has refused to sign the divorce papers, one could panic and wonder if a divorce can be obtained or if they are stuck in marriage due to this action. The good news is that various Australian states are ‘no-fault states,’ which means one does not have to prove that an ex has done something wrong that resulted in a divorce. Rather, one can say that they feel the marriage is beyond repair and continue to divorce.
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- An individual and their separation lawyer Perth could file a petition for dissolution of marriage with the courts. This can be done without taking a signature from the ex. After filing, the papers will be served to the partner by a process server. The ex will have a few days to file a response with the court.
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- Within this time, it will be best for them to respond to the filing finally, and if they don’t respond in 20 days, the court can rule it as an uncontested divorce.
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- Assuming that the ex does not file a response, a judge can file a default hearing on the uncontested divorce. One has to attend and request the divorce in person; the court can then ask about child custody and property division. If the ex, still refuses to show up, the court can generally grant the reasonable requests of whichever partner has appeared at the hearing. One could still speak with their lawyers regarding these matters.
Possible Difficulties
One could think that if they file a petition to end the marriage without requiring the partner’s signature, then what problems are there after all. Why does one need to bother getting an ex to sign documents at all? The fact is proceeding with a divorce is always easier when both partners cooperate.
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- If a partner refuses to sign the divorce papers that they have been served, the odds are that they will not be very cooperative in negotiating with various divorce matters. They would not show any interest in the division of assets, child custody problems, and spousal support.
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- This could lead to several difficulties after one file their petition for dissolution of marriage, so it is important to have a skilled divorce lawyer by their side. If one has filed for divorce and the ex refuses to sign the paperwork, one could consult the area’s lawyers for a solution. They can provide one with the best advice in cases of divorce.
Hire Divorce Lawyers In Perth
There can be various issues while filing for a divorce, the most common one being the other partner refusing to sign papers. If an individual cannot persuade their ex to sign the documents, they need to be worried and consult divorce lawyers in Perth. Due to their experience and expertise in solving these problems, these lawyers can help bring a solution to complexities in divorces. They will ensure that the other partner will sign the papers or accept divorce by court orders.
