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Divorce Procedure If Spouse Won't Sign Papers

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  • 10-13-2009, 10:06 AM
    electrician
    Divorce Procedure If Spouse Won't Sign Papers
    I plan to file for divorce in Oklahoma. There are no children and no contested property. What is the procedure if she refuses to sign divorce papers? Can I still get divorced? Thank you.
  • 10-14-2009, 12:40 PM
    NdK1009
    Re: Divorce Procedure If Spouse Won't Sign Papers
    As far as I know, it shouldn't be a problem. All court papers have timelines attached to them. If she refuses to respond or sign the papers, the courts typically view that as acquiesing; it's taken as a "no contest" response.

    When my folks divorced, for example, my dad did actually contest the divorce, but when the time came for the hearing, he failed to appear. The divorce was granted, and because of his "no show", Mom got everything.

    I suspect that the same will hold true for you. She may not sign, but eventually her time period will lapse and you'll be granted a divorce basically by default.

    But you should probably check with a lawyer just to be sure.
  • 10-14-2009, 12:58 PM
    electrician
    Re: Divorce Procedure If Spouse Won't Sign Papers
    I appreciate your response, however, I would also appreciate hearing from a lawyer. Thank you
  • 10-14-2009, 01:26 PM
    Mr. Knowitall
    Re: Divorce Procedure If Spouse Won't Sign Papers
    If you are unable to settle your divorce, you go to hearing. If the other side doesn't appear and defend you can enter a default. If they do, the matter will be scheduled for a hearing or trial.
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