No one in Indiana gets married with the intention of later contacting an Indiana divorce attorney later on in life. Because most sane people plan on their marriage being a lifelong commitment, it’s not uncommon for bitter disputes to arise when one party decides to end the relationship. If you want to get divorced and your spouse is the one who objects, you have a few options for proceeding when your soon to be former spouse won’t sign the divorce papers.
Attempt a No-Fault Divorce
It’s very natural to worry about how others will perceive you following divorce, especially if you have young children involved. If your ex is refusing to sign the papers because they think doing so means somehow accepting fault for the breakdown of the marriage, there is an option available. Let’s explain what is a no-fault divorce. No-fault divorces are granted on the basis of irreconcilable differences, and none of the verbiage in the documents of a no-fault divorce assigns blame to either party when the relationship ends.
Proceed With a Contested Divorce
If you or your spouse refuses to sign the papers even if they’re filed under irreconcilable differences, the case will go to court in the form of a contested divorce. These proceedings will begin with a hearing to determine why the divorce is contested. Assuming you both attend counseling and your spouse is unwilling to compromise, a judge will then devise the terms of the divorce, including those regarding issues involving potential child custody disputes and property division.
Request a Default Divorce
If your spouse does not attend the hearing to resolve a contested divorce, you may request a default divorce. Every state has strict requirements for finalizing such an arrangement. In Alaska, you will be required to attend a hearing during which the judge will review the original complaint and verify that everything is in order. If it is, the divorce will be granted. Your ex then has one year to submit a motion to set aside the judgment. Otherwise, the terms of the divorce will stand firm.