Los Angeles, CA-Lamar Odom and Khloe Kardashian split months ago and she soon filed for divorce after tiring of his infidelity and drug use. Although the couple’s split was largely his fault, and Khloe has moved on, dating rapper French Montana. Lamar refuses to sign divorce papers and set Khloe free.
His reasons for not signing divorce papers is somewhat romantic, and somewhat sad. According to Hollywood Life, Lamar doesn’t want to let Khloe go because he loves her too much. At least that’s what sources close to him say, and while that may be true, he can only delay the divorce for so long. Eventually, he’ll have to relent.
Lamar is not unique, there are plenty of estranged spouses who refuse to grant their husband or wife a divorce, and their reasons may vary. If you are in a similar situation as Khloe you may be wondering; what can I do to get my spouse to sign divorce papers?
The first step you should take is to retain a divorce attorney since they understand the process of getting a divorce when one spouse refuses to sign the papers within the prescribed period of time. Each state treats these situations differently. In some states, the divorce can proceed “uncontested” while other states allow the petitioner to get a “default judgment.”
If your spouse has been served a divorce petition and he or she responded, but refuses to sign the final divorce papers certain jurisdictions allow the divorce to proceed uncontested. You will receive a court date and if your spouse fails to show up, a judge may rule the divorce as “uncontested,” and settle it according to your original petition and requests for child custody, financial support and division of property.
Once you’ve filed for divorce, and your spouse has been served your divorce petition, but he or she hasn’t responded in writing within thirty days, you can request a default judgment. You will be given a court date. During your trial, the judge will rule either on your original petition or what you are able to prove in court.
If you are seeking child custody, spousal support, or division of marital property or debts, you must submit papers to the court outlining your wishes. This often requires you also submit financial statements which include disclose of your income and assets. How child custody and asset division is handled in these situations differ depending on where you live so you need to get legal advice.
You must also prove to the courts that you made every conceivable effort to contact your estranged spouse and serve them divorce papers.
That is just a brief synopsis of the overall procedures of obtaining a default divorce. Any mistake in the process can cause even longer delays and you may have to start the process over again. It’s in your best interest to consult with a divorce attorney and discuss how you can go about getting a divorce when your spouse ignores your petition.