What Happens if My Spouse Refuses to Sign the Divorce Papers?

If your spouse does not cooperate and refuses to sign the divorce papers, you may need to proceed with a contested divorce. In an uncontested divorce, both you and your spouse will have to appear in court, and a judge will determine the terms of your divorce. In a contested divorce, you must prove your grounds for divorce. The judge will make decisions regarding child support, division of marital assets and debts, and alimony. You may also need to provide evidence, such as financial records or witness testimony, to prove your divorce case.

Filing Divorce Paperwork

When one spouse decides to pursue a divorce process, they must file divorce paperwork with their local county court. Divorce papers are the official legal documents that must be completed and filed with a court to start the divorce process. The divorce documents outline all the necessary information that must appear before the court to dissolve a marriage.

Commonly, the forms include:

• The grounds for divorce
• Property division
• Financial Assets
• Child custody
• Child support
• Support information
• Spousal support details

In some cases, additional documents may be required depending on the state and court.

Signing of Divorce Papers

When both parties have agreed to the divorce terms and all paperwork is complete, it is time to sign the divorce documents. Both parties must sign the documents in the presence of a notary public, who will verify that signatures are valid. If a spouse cannot be present for the signing, they may be able to have their signature notarized in advance instead. If the respondent agrees to sign papers, they should be aware of the implications of what they are signing.

Sending The Documents To Your Spouse

After the papers are signed and notarized, both parties will receive a copy of the documents for their records. You may send the other party divorce documents through mail or an alternative method such as a process server.

Dealing With an Uncooperative Spouse

If your spouse denies that they are legally married to you and refuses to sign the divorce documents, it can be challenging to proceed. Not only can a spouse deny being legally married to you, but they may also just not sign the divorce papers. The spouse’s cooperation is not necessary for obtaining a divorce; however, it can complicate matters. A spouse should file a divorce petition on time, and if the other spouse fails to respond within the allotted time, then the court will move forward and grant a default divorce.

If Your Partner Declines To Sign Divorce – Here Are The Next Steps You Should Take

If your spouse has refused to file for divorce, it is essential to understand your legal rights in the matter. Before proceeding with further action, you should:

• Consult an experienced divorce attorney to ensure all the necessary paperwork is ready and your rights are protected.
• Generally, when one spouse files for divorce, there is a certain time period by which the other must respond. Where the other spouse does not respond, there is a possibility of a default judgment. 
• If your spouse still refuses to file for divorce,  you may need to file a divorce petition for dissolution of marriage with the court and inform the court that one party wishes to end the marital relationship.
• The court will then grant a hearing date and inform both parties of the divorce settlement terms.

About The Default Judgment

Suppose the spouse refuses to sign the divorce documents. In that case, the petitioner can continue without their spouse’s signature, which is referred to as a default judgment. It may be available if the respondent (the other spouse) fails to respond to the divorce petition within a specified period (which may vary by state).

Usually, the court grants a default judgment if the spouse is properly served with divorce documents and ignores them. The court will hold a default hearing and notify the spouse about the default divorce.

About The Divorce Decree

A court cannot finalize a divorce decree if a spouse refuses to sign the divorce papers. However, if one spouse refuses to sign divorce papers, a spouse may still be able to obtain a default divorce.

Contact An Unbundled Divorce Attorney Today To Protect Your Legal Rights

You’re ready to end your marriage, but your spouse continues to refuse to sign the divorce papers.

If you’re in this situation, an Unbundled Attorney can offer you a la carte legal services. You can choose the right services for your situation, including help filing for divorce, negotiating a settlement agreement, or representing you in divorce court.

Compared to a regular divorce lawyer who will demand $5000 or more, Unbundled Attorneys have exceptionally cost-effective fees that start at only $500 and can go up to just $1500, providing individuals with immense savings.

Unbundled Legal  Services are not a one-size-fits-all solution but can be highly advantageous for those with more specific needs, such as default divorces. If you need help filing uncontested divorce documents or drafting contracts, unbundled services provide an excellent alternative to full representation without sacrificing quality counsel. Contact an Unbundled Divorce Attorney today.