The divorce process can be an emotional roller coaster that is filed with ups and downs. At one moment you may think that you have an amicable and uncontested divorce. The next minute an issue pops up and the amicable divorce falls apart.
With the ups, downs, and in-betweens, you may be wondering what you can do when your spouse refuses to sign divorce papers. How do you stop your ex from stalling or postponing your divorce?
CAN I GET A DIVORCE WITHOUT MY SPOUSE’S SIGNATURE?
New Mexico is a no-fault state and either party can request a divorce. It is far easier to finalize a divorce when both parties agree on the terms and sign the necessary paperwork. Unfortunately, not all divorces are “easy.”
For several different reasons, a spouse will refuse to sign the divorce papers. Your spouse may be refusing to sign the divorce papers because:
- They do not want the divorce;
- They do not agree with the proposed divorce terms;
- Your spouse’s location is unknown; or
- They are being difficult and simply want to prolong the divorce.
WHAT CAN I DO WHEN MY SPOUSE REFUSES TO GET DIVORCED?
Refusing to sign the divorce papers will not prevent a divorce from happening forever. In New Mexico, one party cannot stop a divorce from happening. Eventually the divorce will be granted.
What you can do depends on the reason that your spouse is refusing to sign the divorce papers. Is your spouse refusing to sign the paperwork because he/she does not agree with the terms? For instance, are you unable to agree on a financial issue such as community assets/debts, marital home, spousal support/alimony, tax issues? In this situation you cannot agree on the necessary Marital Settlement Agreement.
Similarly, is your spouse refusing to sign the divorce papers because he/she does not agree with the Parenting Plan? For example, are you unable to agree on a Parenting Plan issue such as custody, timesharing, or child support?
When your ex’s refusal is based on a disagreement with the divorce’s terms, you will need to file the Petition and request a hearing. You will need to move your divorce case forward because divorce is not a self-moving process.
HOW TO MOVE YOUR DIVORCE CASE FORWARD: PRE-TRIAL ORDER
Has your divorce stalled? If so, a pre-trial scheduling order will establish deadlines to move your divorce case forward. These deadlines include:
- Date to complete discovery;
- Date to file necessary motions; and
- Date to complete Settlement Facilitation.
The pre-trial order ensures that your divorce continues moving forward to a conclusion. Without this pre-trial order, your divorce may sit in limbo until dismissed for lack of movement.
New Mexico courts routinely dismiss divorces when 180 days have passed without any significant action in the case. This dismissal results in a Disposition Order for Lack of Prosecution. The divorce can then be reinstated within 30 days from date of dismissal.
The pre-trial order ensures that the divorce case moves forward with significant action. The pre-trial order moves the divorce case through the discovery/motion process, and into settlement facilitation.
WHAT HAPPENS WHEN DIVORCE SETTLEMENT FACILITATION FAILS?
In cases where settlement facilitation ultimately fails, a trial will be necessary to finalize the divorce. At the divorce trial, the assigned judge will review the evidence, hear testimony, and then enter a decision regarding community assets/debts. The judge will also consider custody, time-sharing and child support, when children are involved.
The assigned judge will enter an order that decides all the issues and finalizes the divorce.
WHAT HAPPENS WHEN MY SPOUSE IGNORES THE DIVORCE PETITION?
At times, your spouse may simply refuse to acknowledge the divorce. In this situation, you can request a default final decree in situations where your ex is ignoring the divorce.
CAN I GET A DEFAULT DIVORCE IN NEW MEXICO?
A default divorce can be granted when 30 days have passed since your divorce was filed/served, and your ex has failed to file the proper response. The party that fails to respond is in default, and a default divorce can be granted.
(505) SANCHEZ HELPS YOU MOVE YOUR STALLED DIVORCE CASE FORWARD
Is you spouse stalling your divorce in New Mexico? Do you need guidance on what happens when my spouse refuses to sign divorce papers in New Mexico? Matthew Legan Sanchez has the skill and ability to move your stuck divorce forward. Call (505) SANCHEZ and speak with an lawyer that knows how to get your stalled divorce moving.
What Happens When My Spouse Refuses to Sign Divorce Papers in New Mexico?
