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refusal to sign divorce papers

what happens in the event that the ex refuses to acknowledge receipt of service of divorce papers? How long does this delay the process by? Will it still be granted etc? What happens in this situation if someone decides to become vindictive if the ex plans to remarry?
HubbyPays said
what happens in the event that the ex refuses to acknowledge receipt of service of divorce papers?
I'm sorry but I don't really understand what you mean by this.  How was your ex served these papers? Were they handed directly to her/him? Sent by registered mail?

As far as I'm aware that if a party to a proceeding (or a legal representative for the party) doesn't show for a Court appearance that the Court can make Orders in their absence.

Last edit: by CrazyWorld


"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
sorry should of been more thorough. Ex plans to refuse to sign the divorce papers when she gets served them, by either an official person or friend etc. Has just said oh well im not signing them so stuff you type thing. They have not been sent as yet. Husband and wife live in two separate states, husband is filing for the divorce. thanks for any info

Last edit: by HubbyPays

Well I'm not sure how it all works in doing it independently from the Courts as such but I know that in my case we were in the middle of proceedings at the Family Court for children's matters and my then, rather incompetent lawyer, turned around to me during it and said something like "oh yeah, have I told you that you need to appear at the Federal Magistrates Court in a couple of weeks as the "ex" has lodged an application for divorce".  Then he proceeded to walk over to the other parties representative to ask for a copy of these divorce papers so I could actually have one finally.  Anyway what happened there is that I asked the Family Court Judge if they could grant the divorce instead of doubling up on legal dates etc and as it turned out, that given it's in their jurisdiction to grant divorces that the Judge organised it that day.  All in all turned out rather well for all involved!     

"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
I needed help with my case and couldn't afford a lawyer and found these guys invaluable  srl-resources.org
This is not an issues just go and Google process servers (hopefully find one near where the other party lives).  The issues of her refusing to  sign mean nothing.  

A process server will ask are you Ms XXX or a picture can be provided.

The process server will than say this is an application for divorce and any other papers that are served.  They will ask her to sign the acknowledgment of service if she refuses or refuses to accept the documents they will be inform what they are and left on the ground if necessary.  

The process server simply swear a affidavit of services and provides a copy to you and this can be filed in the court.  

The court has little interest in games people play.   The court is only interested in know the person has been served.   I hope this helps.   If you have a friend over 18 who happens to live in the same area they can do the same thing.  They to with need to swear a affidavit of service in front of a JP
newguy said
The process server simply swear a affidavit of services and provides a copy to you and this can be filed in the court.  

The court has little interest in games people play.   The court is only interested in know the person has been served.  

The above sums it up nicely.

There could be a couple of non appearances or strange reasons thrown at the Court, but an FM will generally go ahead and grant it.

Providing there are adequate care arrangements for children then rightly or wrongly divorces are rubber stamp issues.

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