What Can I Do If My Spouse Won’t Sign the Divorce Papers?

Divorces by nature are contentious. Often one spouse won’t agree to end the marriage or is trying to avoid it entirely and the process may stretch out longer than expected. Some resisting spouses can make the divorce process even more difficult than normal by refusing to sign the papers or completely failing to respond to any requests for the divorce. How a judge will treat those situations depends on your state.

What is an uncontested divorce?

In some states, the resistance of one spouse can lead the judge to proceed on an “uncontested” divorce. An uncontested divorce is the easiest as usually, it means both spouses have filed the necessary paperwork and have agreed to all divorce-related issues. In most cases, if you and your spouse have reached a divorce settlement agreement you simply bring your documentation to the court, the judge reviews it and issues orders based on the agreement, and the divorce is granted. If your divorce agreement involves child support and custody agreements, judges will verify that the agreement and the amount are in the best interest of the child and meets the state’s guidelines.

What happens when my spouse won’t sign the divorce papers?

Ensuring that you, and your legal representation, have properly served your divorce petition is vital to your success in court. Your spouse has the option to file an uncontested response and still not sign off on the final divorce papers. In some states, the court will allow the case to proceed as though it is still uncontested. In other states, you may have to have a court appearance date assigned at which point if your spouse does not show up, the judge can treat that as uncontested and enters orders based on your divorce petition and the response.

What if my spouse didn’t file a written response in time?

If your spouse was served properly and they failed to file a written response at the appropriate time, some states will let you request a default divorce. The rules vary depending on your location, but the typical time frame is 30 days to responds to a divorce petition. A default divorce may also be entered into if your spouse cannot be located for service. By failing to respond or appear, your spouse relinquishes their right to have any say in the divorce proceeding or court judgement.

If you are dealing with an uncooperative spouse as you face a divorce, you should speak with an experienced family law attorney to discuss the possibility of pursuing a default divorce or an uncontested judgement.