QUESTION
If the other party don't want to sign papers how long would the divorce take?
Asked on Nov 20th, 2012 on Divorce - California
10 ANSWERS
So long as they were served with the initial petition the other party does not have to sign anything. You should consult a family law attorney or facilitator to assist you in submitting the proper paperwork.
Answered on Nov 23rd, 2012 at 7:26 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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If you have a lawyer who will prosecute the case and take all the steps ASAP, it could take as little as 3 -5 weeks and as much as a year depending upon a few different variables.
Answered on Nov 23rd, 2012 at 6:50 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Once you serve the Petition and summons on your spouse they have 30 days to file their response and serve you a copy. If they fail to respond you can proceed by default. The court will grant the divorce and award what you asked for in your petition.
Answered on Nov 21st, 2012 at 8:49 AM
This depends on the circumstances. If you file for divorce, you must "serve" the other party. This can be done using a private process server, or by having the other party sign an Acceptance of Service, which is a receipt acknowledging that the documents are received. Once the other party is served, there is a minimum of 64 days before the divorce can become final; however, the actual timeframe depends on whether the matter proceeds with the other party's cooperation (consent) or without the other party's participation (default).
Answered on Nov 21st, 2012 at 8:49 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If they refuse to file a Response after the case has been filed and the other side has been served, then you can submit a Request for Default and Default Judgment after 30 days have passed, provided that all your required documents have been filed and served.
Answered on Nov 21st, 2012 at 8:48 AM
It depends on if the party is found to be in default. If he/she is found to be in default we can move forward with the divorce without his signature.
Answered on Nov 21st, 2012 at 8:48 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have to set a default hearing and have. The proper paperwork done including your disclosures. Hearing date will depend on when you file and your courts calendar. Check whether you ca. Default him. If not you will have to set the matter for trial.
Answered on Nov 21st, 2012 at 8:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan, 60 days from the date of filing.
Answered on Nov 21st, 2012 at 8:10 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the other party will not consent or sign papers, you have to file a divorce action with the court and serve the papers on the spouse. After the proper waiting period, you can take a default judgment if there is no response. In Michigan, a divorce with children matter has a statutory 6-month waiting period. Consult with a lawyer for more details and questions.
Answered on Nov 21st, 2012 at 7:57 AM
Michael Paul Vollandt
Serve them with the Summons and the Petition. If they do not respond they you can take their default. The statutory time in California is 6 months after date of service.
Answered on Nov 21st, 2012 at 7:55 AM