Signing the Divorce Papers: An Easy-to-Understand FAQ

Signing PapersGoing through a divorce is never fun, and you may dream of the day when it all comes to an end so that you can have a fresh start to life. As you probably know, signing the divorce papers is one of the final steps in the divorce process, as it officially ends the divorce. However, you may have questions concerning the signing, and what actually happens. Luckily, we are here to help you understand!

FAQ 

What happens if my spouse won’t sign the papers? If your husband won’t sign the papers from the get-go, the best thing that you can do is hire an attorney to help you. Your spouse will be served with papers and have to make a court appearance, just like you. If your spouse still refuses to sign, they will have to move forward on a contested divorce and explain to the judge why they won’t give consent.

Should I speak to my lawyer before I sign? Yes, you should always have an attorney review your documents. You can use your best judgment about what seems right and what doesn’t. Some divorces will be more complicated than the next due to the assets involved, so you should discuss this information with your attorney.

What if I don’t agree with the divorce papers – do I have to sign? You don’t have to agree to anything. However, you do have to respond to the petition so that you have a chance to contest the divorce. It is your right to go in front of a judge so that you can speak to them about your options and what they think. 

What happens if I suspect forging? If you have questions about the validity of divorce papers, you shouldn’t sign them without legal counsel first. The court will never make a ruling without giving you some kind of notice and a chance to appear to hear your side of things. This is another good reason to speak to an attorney. 

If you have power of attorney, can you sign divorce papers for your spouse? Say that your husband is incapacitated, perhaps in jail. Even if you have a valid power of attorney, you cannot use it to sign the divorce papers – he must do this on his own.

Divorce can be a difficult time of turmoil. Because of this, it is important that you speak to an attorney to answer all of your vital questions and get the answers you deserve. This will help lessen your stress throughout the process so that you can see real results. Call us for more information.