what if husbands attorney won't sign dissolution wa state

by Jerrod Dicki 8 min read

If your spouse refuses to sign the divorce papers, you can still get a divorce in Washington state. As long as your spouse is served the papers, notifying them that you are seeking divorce, you can legally proceed with the divorce process if they don’t respond within the given time limit. Contested vs. Uncontested Divorce

If your spouse refuses to sign the divorce papers, you can still get a divorce in Washington state. As long as your spouse is served the papers, notifying them that you are seeking divorce, you can legally proceed with the divorce process if they don't respond within the given time limit.Dec 17, 2020

Full Answer

Can my spouse refuse to sign divorce papers in Washington State?

Mar 16, 2020 · Rather, you can simply state that you feel the marriage is unsalvageable and continue to file for divorce. 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. After filing, the paperwork will be served to your spouse by a process server.

Can you get a divorce in Washington State without a lawyer?

Sep 03, 2010 · If your spouse sues you for divorce, at the point a final decree is prepared representing the court's orders, your spouse's attorney can present to the judge or magistrate a draft of the decree for the court's signature. Your spouse's attorney can indicate your unwillingness to sign the decree. The court will normally sign the submitted decree.

What happens if my spouse won’t sign the divorce papers?

Jan 22, 2018 · This would be the shortest possible time for a dissolution. If the spouse who does not file refuses to join in the Petition, he or she will be served. Once the spouse is served, there is a mandatory waiting period of 90 days. Dissolutions can take considerably longer than 90 days if there is disagreement over financial support, child custody ...

What is notification in a Washington divorce?

Sep 29, 2008 · 2 attorney answers. To file for divorce, you do not need your wife's signature. If you can come to an agreement at a later time, you can speed up the process. (It will take a minimum of 90 days in WA) You will need to file the documents with the court and will need to ensure that your wife is served with the papers.

Can you still get a divorce if your spouse won't sign?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

Do both parties have to sign divorce papers in Washington state?

The divorce papers must be served on the spouse or presented to the spouse. If it is an uncontested divorce, the other spouse only needs to sign the “Acceptance of Service” to acknowledge that he/she has received the divorce documents.

What happens if spouse doesn't respond to divorce petition Washington?

What if my spouse does nothing in response to my petition? A divorce is uncontested when a respondent fails to file a response within 20 days of receiving the petition. In that case, you will proceed along the uncontested divorce track. This will require you to file a motion for an order allowing judgment by default.

What happens if you don't sign divorce papers?

Typically, the respondent has 30 days to respond to divorce papers. If he or she fails to do so, the judge could rule in favor of the petitioner. This is known as a default judgment. The respondent has no rights and will have no ruling that favors their interest should a default judgment be handed down by the judge.

Is Washington State a 50/50 divorce state?

Washington is a 50/50 divorce state. This means that almost all property, assets, and debts acquired during a marriage are subject to division in a divorce—regardless of who secured them.Jun 1, 2021

Does a husband have to support his wife during separation?

As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.

How long do you have to respond to divorce papers in Washington State?

20 days
How Long Do I Have to Respond? In the state of Washington, you typically have 20 days to reply to the petition and summons with a legal answer. The clock begins from the date you received service.

What happens if the respondent does not file a response?

If you do not serve and file a Response within 30 days after being served with the Petition Packet, your spouse may enter your default, and the Court could make orders affecting your family and finances without hearing from you. If you cannot afford the filing fee, you may qualify for a fee waiver.

How long do you have to be separated before divorce in Washington State?

If there are still disputed issues, the judge will decide for you. Once the judge finalizes your legal separation, you must wait six months before asking the court to convert it to a formal divorce. (West's RCWA 26.09.

What happens if your spouse won't sign divorce papers Australia?

The Court can grant a divorce order, even if the spouse refuses to sign any documents. However, it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit. Our divorce lawyer advises that you must fill in this form correctly, or risk having to serve the spouse again.

What happens if you don't agree with divorce petition?

Defend the petition

If you don't agree with the details of a divorce, you can defend it. Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce. This is called giving an answer.
Feb 2, 2022

What if wife denies to give divorce?

If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

Why does my spouse refuse to sign divorce papers?

Talk to your attorney about how to proceed. Another common reason we see for a spouse to refuse to sign divorce documents is simply to make things more difficult for their spouse. Divorces can often bring out the worst in people, and a spouse may refuse to sign the paperwork for a while solely to cause trouble.

How long does it take for a divorce to be uncontested?

At this point, it will be in their best interest to finally respond to your filing; if they don’t respond within 20 days , the court will rule it to be an uncontested divorce. Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce.

Can a divorce be emotionally difficult?

Even the most amicable of divorces can be emotionally trying and tiring to navigate. But if your spouse is uncooperative and refuses to sign the divorce papers, it can make things even more difficult and frustrating for you. If you’ve made the decision to get a divorce, you’re probably ready to move ahead with it so that you can focus on getting ...

How long does it take for a spouse to respond to a divorce?

Your spouse will then have 20 days to file a response with the court. At this point, it will be in their best interest to finally respond to your filing; if they don’t respond within 20 days , the court will rule it to be an uncontested divorce.

Is Florida a no fault state?

The good news is that most states, including Florida, are “no-fault” states; this means you don’t have to prove that one spouse has done something wrong that led to the divorce. Rather, you can simply state that you feel the marriage is unsalvageable and continue to file for divorce.

William Bennett Eadie

This sounds like a very difficult situation for you. I wish you the best in resolving things as well as possible under the circumstances.#N#Dissolution in Ohio is a mutual process: you both agree on all the terms of the ending of the marriage, so there is no need to go to court and have a judge decide...

Christopher Joseph Tamms

If you refused to sign the dissolution papers, your wife can still seek divorce and get it even without your consent by proving one of the grounds for divorce. Your "not believing in divorce" really doesn't matter much. Obviously she does, and she has a right to it after proving one of the grounds...

Craig Alan Newburger

If your spouse sues you for divorce, at the point a final decree is prepared representing the court's orders, your spouse's attorney can present to the judge or magistrate a draft of the decree for the court's signature. Your spouse's attorney can indicate your unwillingness to sign the decree. The court will normally sign the submitted decree.

Todd Bruce Kotler

My brother attorneys above are all correct. GET A LAWYER and challenge the divorce. If there is an active case and you do nothing, you will be very unhappy with the result.#N#With the right attorney, you may be able to at least negotiate for an end to the...

Is divorce legal in Washington?

Although it is known as a divorce in other states, the state of Washington calls the formal and legal ending of a marriage a “ dissolution.”. You might hear both divorce and dissolution used interchangeably, but the legal term is dissolution.

How does a temporary order work in a dissolution case?

In the majority of dissolution cases, after the initial petition has been filed, either party begins the substantive process by filing a Motion for Temporary Orders. The parties can at times work together to come to an agreement on Temporary Orders. Temporary Orders are best described as the rules the parties will live by while they work toward valuing and characterizing their financial assets and determining the long-term best interests of the children. Temporary Orders provide for the following:

Is Washington a no fault state?

Washington Is a No-Fault State. The first thing to understand is that we are a no-fault divorce state. That means that you do not have to assign blame or prove that the other spouse is at fault for the failure of the marriage. It also means that only one spouse has to decide that the marriage is over in order to begin dissolution proceedings.

The Initial Petition

When a person refuses to sign the initial petition asking for a divorce, his or her spouse can file the paperwork anyway. The initial petition does not have to be signed by both parties, and the case can begin without the other person’s consent.

During the Case

If your spouse fails to cooperate with the divorce case, the court has the power to move the proceedings along.

Final Divorce Paperwork

If your spouse stops cooperating with the divorce process after the case begins and will not consent to any settlement agreement, then the court will have no choice but to hold a trial to determine any outstanding issues in the case.

Is Texas a no fault divorce state?

Fortunately, Texas is a no-fault divorce state, which means you do not need cooperation or permission to complete the process. A court cannot force you to stay married, so you can dissolve your marriage by stating that it is unsalvageable.

How long does it take to respond to a divorce petition?

Your spouse must file a response according to a statutory formula: 20 days PLUS a few more to count until the next Monday. Another important date is 60 days after you filed your petition since there is a mandatory waiting period before you can finalize the case.

How long does it take to file a divorce petition in Texas?

The first date that is important in a Texas divorce case is the date you filed your petition since it imposes certain time restrictions on both parties. Your spouse must file a response according to a statutory formula: 20 days PLUS a few more to count until the next Monday. Another important date is 60 days after you filed your petition ...

Is divorce easy?

Divorce is never easy, but the process can be even more challenging if your spouse refuses to sign the paperwork or participate in the proceedings in a meaningful way. When you are trying to be reasonable in addressing child custody, visitation, asset division, and spousal support, it can be frustrating when he or she will not communicate.