What happens if my ex-partner refuses to sign the divorce papers?
September 16, 2023 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
My name is Thomas Voss and I have an urgent question regarding divorce law. My wife and I have decided some time ago to get a divorce. We have already prepared all the necessary divorce papers and I have presented them to my wife for signing. However, she vehemently refuses to sign the papers.
This situation is causing me great concern, as I fear that the divorce may be delayed or even fail as a result. I want to proceed with the separation as quickly as possible and put a clear end to our marriage.
My question to you as an expert in divorce law is: What can I do if my ex-partner refuses to sign the divorce papers? Are there legal steps that I can take in such a case to still proceed with the divorce? I would appreciate any helpful information and look forward to your assessment.
Yours sincerely,
Thomas Voss
Dear Mr. Voss,
Thank you for your question regarding divorce law. It is understandable that you are in a difficult situation if your ex-partner refuses to sign the divorce papers. In such cases, there are various legal steps you can take to proceed with the divorce.
First of all, it is important to know that a mutual divorce is only possible if both spouses sign the divorce papers. If your ex-partner refuses to sign the papers, it means that a mutual divorce is not possible. In this case, you still have the option of a contested divorce.
In a contested divorce, you can hire a lawyer to represent your interests in court. Your lawyer can file for divorce in court and proceed with the divorce through a contested process. In a contested divorce, the court will decide on all disputed issues such as alimony, custody of children, division of shared assets, etc.
It is important to note that a contested divorce process usually takes longer and is associated with higher costs than a mutual divorce. Furthermore, a contested divorce process can lead to further deterioration of the relationship between you and your ex-partner.
In your specific case, I recommend that you promptly consult with an experienced family law attorney who can assist you in pursuing the divorce. Your attorney will discuss the next steps with you and inform you about your legal options.
I hope this information is helpful to you and wish you success in pursuing your divorce.
Sincerely,
Erwin Evers
Divorce Attorney
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