what to do if your spouse won't respond to divorce attorney

Move for default if your spouse failed to respond. If your spouse did not file any document after being served with the divorce petition, you can request that the court enter default after the mandatory 60-day waiting period has ended. From there, the court will set a hearing date on your motion for default judgment.

Full Answer

What happens if my spouse does not respond to my divorce request?

In the divorce context, if you serve your spouse with a divorce complaint, and it goes unanswered, you can ask a judge to grant your divorce by default. To accomplish this, you'll need to prepare and file an affidavit with the court, to prove that you …

What to do when your lawyer won’t respond?

Feb 15, 2021 · There are many options – talk to your spouse, write to your spouse, give them deadlines, have your lawyer write to them, negotiate directly, present them with an offer, try mediation with lawyers or mediation without lawyers, consider collaborative law. Have a plan and a timeline. When someone isn’t responding, it’s easy to get in a ...

What to do if your spouse refuses to sign divorce papers?

Mar 27, 2019 · No; even if your spouse or partner does not respond in the 30-day time window, you and your divorce lawyer will still need to file a request with the court to enter default. It’s also at this stage that you and your divorce lawyer would enter a request for true default classification if you and your spouse or partner are in agreement.

Why doesn’t my Ex have a divorce lawyer?

Nov 02, 2021 · The process works like this: You file your divorce papers with the court claiming irreconcilable differences. Your spouse gets served the papers. He or she gets 30 days to respond. You get a court date, and you show up to it. If nothing changes by your court date and your spouse doesn’t respond, the judge likely grants you a divorce by ...

What happens if you don't respond to a divorce petition?

Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.

How long do you have to wait to get divorced?

For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.

How to speed up divorce?

For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...

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

However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.

Can you avoid mediation in custody case in Los Angeles?

Before the court will even hear your custody case in Los Angeles, you MUST have mediated your case. You cannot AVOID mediation if you have children. It will happen one way or the other, why not try it with all issues?

Can a mediator be a lawyer?

Or, even better, a consulting attorney. And in fact, the mediator CANNOT be the lawyer for either of you if it doesn’t work out. That way, they don’t feel that mediation is “biased”.

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 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.

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 ...