You take a good look at your marriage and see that it isn’t what it used to be. Next, you prepare divorce papers that you present to your partner, which he or she refuses to sign. Worry not for you are not alone. Cases of partners refusing to sign divorce papers are numerous, and frankly, the best way to go about yours is to seek help from a Franklin divorce attorney. What sort of help should you expect from these experts?
Service of Divorce Papers
It is a legal requirement that you serve your spouse about the impending separation. This service must be within a specified period as stipulated by your local laws. A spouse who does not want the divorce process to proceed may dodge the service by failing to sign for certified mail or by giving out a physical address that is non-existent. With help from a Franklin divorce attorney, you can proceed to court and get help. If successful, the judge will allow you to publish a notice in a local newspaper, which will serve to notify your spouse of the divorce proceedings irrespective of whether he or she sees it or not.
If you have done everything you are supposed to but your spouse isn’t cooperating, a Franklin Divorce attorney will help you with default proceedings. In this case, a judge will most likely rule in your favour because of your spouse’s refusal to comply. Here, it is your terms that the judge will use to finalise the union, divide matrimonial property, and spell out terms of child support and custody. Of course, help from Franklin TN custody lawyers is still necessary because they will help you set out the terms in all these matters.
Couples can avoid protracted court battles by agreeing to arbitration. It could be that you are treating him or her unfairly during the process, and that may be the chief reason for the refusal to sign divorce papers. A family law lawyer NashvilleTN has at present will help you during this delicate process or assist you in finding a suitable mediator. Interestingly, couples who opt for this form of dissolving disputes often separate peacefully and often set clear terms of how alimony, property division and child custody and support are to be handled.
It may so happen that your spouse is nowhere to be found. A court can in such instances consider your grounds for the separation, which is abandonment in this case. Before a judge grants you a divorce in abandonment, he or she will have to ask you to wait for a certain period, which could be 6 months or so. This period is to give you more time to find your spouse. You still need the expertise of family law lawyers Nashville TN has because of the unpredictable court processes that characterise divorce proceedings. Learn more at Nashville Divorce Lawyer.
A party who does not wish to grant you divorce may resort to tricks. He or she may make life so unbearable for you that you may decide to move out of your matrimonial home. Unknown to you, moving out is ill-advised since it may result in an unfavourable ruling against you when it comes to matrimonial property division, and child support and custody. Your partner may also ask a judge for a chance for reconciliation or marriage counselling as he or she prepares a response to your divorce papers. You need a competent lawyer here because there is a need to convince the presiding judge that your spouse is just introducing theatrics to derail the process of ending the union in such instances. Visit http://www.widriglaw.com/franklin-tn-divorce-attorney.html today!