Recent Feedback
Do I have to accept served papers? What can happen if I refuse to acknowledge them? Do I have to sign divorce papers if I don't want to?
Optional Information: ottawa, Canada Already Tried: I was just advised that my husband of 44 yrs. is now opting to serve me with divorce papers. In the past five yrs I have just reacted to everything around me. Although there was a settlement of assets I didn't realize that was my seperation. Have no formal documentation of a seperation. Have for the most part been in a daze under phsychiatric care for much of the time - this was a result of receiving notice of seperation been filed that I was never aware of. Do I have to just roll over and accept this to?
You don't have to accept them but once you've been served you've been served. Accepting just makes it easier on the server because then the server doesn't have to swear an Affidavit of Service.You certainly don't have to sign divorce papers. You only sign them if you are consenting.If there are no outstanding issues and the separation has been for over a year then there's no real point in disputing the divorce though it's still your right. I hope that clarifies things.Please click accept so that I can receive credit for providing you with this information.
Experience: Lawyer
I don't understand "the server doesn't have to swear an Affidavit of Service? Can I just refuse to accept these papers? If sent in the mail can I ignore them or return to sender. I don't understand "once you've been served you've been served. Is this a foregone conclusion? What can happen if I refuse them (worse case scenario)?
I don't understand "the server doesn't have to swear an Affidavit of Service? Can I just refuse to accept these papers? I don't understand "once you've been served you've been served". Is this a foregone conclusion? I don't want these papers
I don't understand "the server doesn't have to swear an Affidavit of Service?" what does this mean? Can I just refuse to accept these papers? I don't understand "once you've been served you've been served". Is this a foregone conclusion? I don't want these papers I do not want to accept them. can I not just I walk away and leave them with the process server?39848.1887980671
No. You have been served. Often people don't want the papers but you've been served. Now you cannot ignore them. You have to reply or you will get a judgment against you.Serving just means that you've been given the papers. The important thing is dealing with them.
I don't understand "the server doesn't have to swear an Affidavit of Service?"
what does this mean? What do you mean when you say I will get a judgement against me? What is that?
If only one of us signs the divorce papers does the divorce still become final? Or does it Requre signatures of both parties to be legalized?
When someone serves you they have to prove to the Court that they served you. If you sign for the server this is good proof. If not, the server has to swear a statement saying that you will be served.Now that you've been served you can consent to the divorce by signing consent papers, or you can do nothing and the Court will just assume that you are consenting and both ways there will be a divorce. Or, you can reply to the papers. The papers will explain this and you can have a trial about this.I can see you are having a hard time understanding all of this.What you can do is attend at the Family Law Information Centre and a staff lawyer can help you.Here is the contact information:
You're right I am confused. I don't want to have this divorce go through. I will call your office in the morning. Is it very expensive? Thank you for your patience and assistance. It is greatly appreciated.39848.2204808681