When Your Spouse Won’t Sign the divorce papers

When Your Spouse Won’t Sign

When Your Spouse Refuses to Sign

If your spouse refuses to sign the divorce papers, in a NY uncontested divorce, you cannot simply proceed with the case. The court mandates that your spouse be served personally in an uncontested divorce, but only if they won’t sign. This ensures that they are aware of the divorce action.

Methods of Service in NY

• Personal Service: The most direct method is to have the papers personally delivered to your spouse. A process server will attempt to hand the papers to them in person and typically make 3 attempts.
• Affidavit of Service: A sworn statement from the process server detailing their attempts to serve your spouse must accompany the divorce documents to be filed.

What happens after my spouse is served in NY?

• Waiting Period: It’s required to wait 40 days after your spouse is served before continuing the process. This period gives your spouse a chance to resond. If no response, you simply continue just as if they signed.

The Benefits of Service

While it may seem frustrating to have to serve your spouse if they won’t sign, it offers several advantages:

• Fairness: It provides your spouse with the opportunity to participate in the process and protect their interests.
• Closure: Completing the service process can bring a sense of closure and move you closer to finalizing the divorce.
  
  

  Conclusion

  If your spouse is unwilling to sign the divorce documents having them served is a crucial, but simple, part to completing your divorce. But remember, they only need to be served in person if they’re unwilling to sign.