Not all spouses are willing to agree to a divorce. This does not mean you cannot proceed without their consent or signature. The following offers an overview of divorce without spousal consent in Arizona.
However, every divorce case is different. If your spouse is uncooperative and will not sign final divorce documents, seek the advice of an experienced Chandler divorce attorney to learn your next steps.
The initial paperwork filed in a divorce does not require a spouse’s signature. However, any final resolutions or agreements submitted at the end of the divorce case typically need both spouses’ signatures.
The initial paperwork in an Arizona divorce includes the initial Petition for Dissolution of Marriage and any corresponding documents. If a spouse does not sign an acceptance of service upon receipt of these documents from the filing spouse, then the filing spouse must serve the documents in a way that does not require voluntary acceptance.
This is usually through a licensed process server.
After the initial divorce documents are served by process served or signed for by the other spouse, the divorce may continue with or without the other spouse’s cooperation. Arizona is a no-fault divorce state, and if the marriage is a non-covenant marriage, no grounds for divorce need to be proven to proceed.
The other spouse will have a statutory time period during which they may respond to the divorce Petition. If they fail to do so, the filing spouse may move ahead with a default divorce. A default divorce provides all the relief of a regular divorce, including:
If the marriage is a covenant marriage, there are specific circumstances under which a divorce can be granted without spousal consent. Separate laws apply to annulments.
Both of these are unique situations where the advice of an experienced Arizona divorce attorney is an invaluable asset and should be sought before any filing.
When your spouse refuses to sign or move forward with a divorce, there are some tips and strategies you can use to handle the stress.
If you filed for divorce in Arizona and your spouse is uncooperative, or you fear they will refuse to cooperate with the divorce process, speak to an experienced Arizona divorce attorney at Wilson-Goodman Law Group, PLLC. Our skilled attorneys will review your circumstances, answer your questions, and advise you on proceeding with your divorce matter.
Contact Wilson-Goodman Law Group, PLLC, online or by phone to schedule an appointment. Let us provide you with honest and practical divorce advice you can depend on.