If a person is mailed divorce papers?

Question

and refuses to sign for them and is then served in person and refuses to sign or accept them, what happens next?

Thank You to all who have answered my question so far, I guess I should have made it more clear, it's not me that will refuse to sign them, I have moved out and I signed papers last week to start my divorce. My husband has said that he will refuse to sign whether they come by mail or by the Sheriff's Dept.. I have not asked my lawyer would the next step would be, I was just sitting here today thinking about it and thought I would throw the question out to the good people of yahoo.

Answer 1

If the person was served divorce papers and that
person refuses to sign or accept the papers when
served, it does not matter as it is actually better for
the one filing the divorce as it will be considered
un-contested and when papers are taken to court
the divorce will happen and that's that.

Answer 2

If papers are mailed YOU can not be the one mailing them. You must have a trusted friend, NOT relative mail them, "return receipt requested" when you get the return receipt you know the papers are in HIS hands. He has so many days (for my ex it was 60 days) and if he doesn't "answer" a default judgement of divorce will be awarded because he ACCEPTED the papers. If you have him served by sherriff all they have to do is identify him say "you have been served" then walk away, they do NOT have to hand the papers to him, they can drop them at his feet, sign the service slip and it get's returned to the court and if he doesn't answer within the allotted time a default decree of divorce is awarded. If he doesn't sign after being served that's his business. But he won't be able to fight the default decree based upon the fact that he refused to return the papers.

Answer 3

Check with your local court. Almost every state has a self help section regarding divorces online.....

If the person doing the service is not be the other party to the divorce, the service is valid whether papers are accepted or not....The other party does not sign but the person delivereing the papers.........I would suggest hiring the sheriffs department to do the service......

It sounds like you just misunderstood the process.....

Answer 4

If a person refuses to respond, then the case moves on without them. You'll have another hearing -- and the other party won't show up -- the judge will grant your request for divorce and note the other party didn't show up -- you'll wait a couple of months -- depending on the state you live in -- and then it's over.

Answer 5

It will still go to court and it will be kept on record that you refused them. The divorce will still go through as well only thing you are doing is giving up your right to respond to what is in the papers.

Answer 6

Once the papers have been handed to that person, they have been legally served. The divorce can move forward with a signature.

Answer 7

The server would just note that the reciepent "refused to sign". Divorce would still proceed.

Answer 8

Need to be served by a process server or sheriff's office. A notice is sent to the courthouse stating the date and time the person was served, after that, the summons tells you how many days you have to respond to the petition.

Answer 9

if you do not agree on the divorce it will be setteled in 2 years from the time they filed the papers it can take up to that time and no matter what the divorce will be granted

Answer 10

Then they will find more creative ways to serve the papers.

People actually do this for a living.

Once those papers are in your hands you are legally served though....no signature required.