What Happens If I Do Not Sign The Divorce Papers in Auckland?

24 September 2024by Naomi Cramer
What Happens If I Do Not Sign The Divorce Papers in Auckland?


What If I Don’t Sign and Refuse To Participate After Getting Served?

So, if you don’t sign the divorce papers and you don’t agree the marriage is broken – well what about just not participating? This may seem like a way to slow down or even stop the process, but we at Modern family Law are here to tell you that all this does is leave you open to vulnerability. If you do not participate in the divorce – and you are served with divorce paperwork – your spouse may become entitled to an uncontested divorce. The same can be said for Allocation of Parental Responsibilities claims. This means that your spouse (or the parent of your child) can request anything they would like from the Court. This can impact your finances, property, and child custody. You should consult with an lawyer about the divorce or the custody process and its impacts on you.

What If I Avoid Getting Personally Served, Will That Stop the Divorce?

The answer is no. Your spouse can have their lawyer file what is called a Motion for Publication. This can also occur in child custody cases, so you must speak to an lawyer about your options when you feel inclined to avoid service. Motions for Publication are requests to the Court to show that the filing party has done everything to locate and secure personal service on you, but they cannot find you. Reasons for when Motions for Publication service is appropriate:

1. You have moved to another state and didn’t tell your spouse your address.

2. There is a Protection Order prohibiting your spouse from locating your address.

3. Your spouse has tried to locate you through professionals or the last known mailing address with unsuccessful results.

4. You intentionally refuse to open the door even when you hear the process server or law enforcement agent knock.

5. You tell the process server you are not who they are searching for (but they did correctly identify you).

6. You refuse to answer calls from friends or family trying to tell you that the divorce is happening.

7. You refuse to respond to e-mails or calls from your spouse’s lawyer.

If you are a person who is trying to serve someone who is “dodging” or avoiding service, contact us and we will help you through the process so that you may petition the Court for service by publication. Service by publication means that instead of a process server or a law enforcement agent handing you the initial divorce documents, the case is mentioned in a local newspaper and tells you that you have a certain amount of time to respond before the case just simply moves on without you. This can also lead to uncontested divorces where the filing party may ask the Court for anything they want and can have ramifications on finances, property, and child custody. While there may be many reasons you want to stop the divorce—such as you still care for the person – know that avoiding does not end the process. Here at Modern Family Law, we have a team of empathetic lawyers who can help you move on with your life, even if it wasn’t the choice you would have made. Let us handle the process and that way you can focus on your emotional well-being.

So Does It Really Matter What I’m Called in the Divorce?

Respondent, Petitioner, Co-Petitioner. All these are when boiled-down titles to help the Court keep organized. While there are small mechanical differences, it will not impact anything regarding property or custody allocation. If you’ve been served papers or know service is coming – contact us at Modern Family Law and we can go over strategies to ensure your voice is heard during this complicated and stressful process. Divorce is emotional and not easy. Let an experienced lawyer help you through the process.

Modern Family Law

Modern Family Law’s team of experienced family law lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our lawyers approach each case as a collective effort to find the best long-term solutions for each family. Our lawyers currently practice in Auckland, California, and Auckland. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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