When a married couple decides to get a divorce, the process can be highly emotional and often tedious. One of the most frustrating things that can happen is when one spouse refuses to sign divorce papers in Tennessee. This situation is not uncommon and can be especially difficult to navigate without the help of an experienced attorney. In this article, we will discuss the steps to take when your spouse refuses to sign divorce papers in Tennessee.
Understand The Legal Process
Before you begin to take any steps, it’s important to understand the legal divorce process in Tennessee. The state of Tennessee is a "no-fault" state, meaning that neither spouse is required to prove fault or wrongdoing in the marriage for a divorce to be granted. In order to file for divorce, one spouse must file a complaint for divorce at the local courthouse in the county where either spouse resides. This spouse is known as the "plaintiff", and the other spouse is known as the "defendant".
The plaintiff must "serve" the defendant with the divorce papers, either by delivering them in person or by sending them via certified mail. The defendant then has 30 days to respond. If the defendant does not respond, then the plaintiff may proceed with the divorce without the defendant’s signature. However, if the defendant responds and refuses to sign the papers, the plaintiff may need to take additional steps to move the divorce process forward.
Consider Mediation or Collaborative Law
If your spouse refuses to sign the divorce papers, it may be helpful to consider mediation or collaborative law. Mediation is a process where a neutral third party helps the couple reach an agreement on issues such as property division, child custody, and support, and spousal support. Collaborative law is similar to mediation, but each party has their own attorney present.
Mediation or collaborative law may be a good option if you and your spouse are willing to come to an agreement on the terms of the divorce. This can save both parties time and money, and may help to avoid a lengthy court battle.
File for a Default Divorce
If your spouse refuses to sign the divorce papers and is not willing to participate in mediation or collaborative law, your next option is to file for a default divorce. In a default divorce, the plaintiff files a motion requesting that the court grant the divorce because the defendant has failed to respond or participate in the process.
Before filing for a default divorce, it’s important to ensure that your spouse has been properly served with the divorce papers. This means that the papers were delivered to the defendant in person or via certified mail, and that a signed proof of service was filed with the court.
If a default divorce is granted, the court will make decisions regarding property division, child custody, and support, and spousal support based on the plaintiff’s requests. It’s important to note that a default divorce does not guarantee that the plaintiff will receive everything they requested. The court will make decisions based on what is deemed fair and equitable.
Request A Hearing
If your spouse refuses to sign the divorce papers and you are not able to reach an agreement through mediation or collaborative law, your next option is to request a hearing. A hearing is a court appearance where both parties can present evidence and arguments to the judge.
Before requesting a hearing, it’s important to ensure that you have followed all proper procedures and rules regarding the divorce process. This includes ensuring that your spouse has been properly served with the divorce papers, and that all necessary paperwork has been filed with the court.
During the hearing, you and your spouse will each have the opportunity to present evidence and arguments to the judge regarding issues such as property division, child custody, and support, and spousal support. The judge will then make decisions based on the evidence presented.
Hire An Attorney
Dealing with a refusing spouse in a divorce can be incredibly frustrating and emotionally taxing. It’s important to seek the help of an experienced family law attorney who can guide you through the legal process and advocate for your rights and interests.
An attorney can help you navigate the divorce process, negotiate with your spouse, and represent you in court if necessary. Your attorney will work to ensure that you receive a fair and equitable division of property, and that your best interests are protected.
Conclusion
Dealing with a refusing spouse in a divorce can be incredibly difficult. This is why it’s important to understand the legal process, consider mediation or collaborative law, file for a default divorce, request a hearing, and hire an experienced attorney. With the right strategy and legal representation, you can move forward from your divorce and start a new chapter in your life.