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Does an “Uncontested Divorce” Mean My Spouse Won’t Need to Sign the Divorce Papers?

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Does an “Uncontested Divorce” Mean My Spouse Won’t Need to Sign the Divorce Papers?

October 14 2016
By Faye Carroll

QUESTION: Does an “uncontested divorce” mean that my spouse does not need to sign the divorce papers?

ANSWER:  Not necessarily. In cases where your spouse has been properly served with a copy of the Complaint for Divorce and the Summons, and has failed to file an Answer to the suit or otherwise appear within the time allowed by law, (twenty-one days) no further notice is required to be served on him or her. The court may then enter any order or final decree without their signature or further notice to them.

On the other hand, your spouse may choose to sign an Acceptance of Service of the Complaint which must be signed by your spouse and notarized by a Notary Public. So, the requirement of your spouse to sign the divorce papers is really dependent on whether they choose to respond to the initial documents that you file in court.

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