I've filed for divorce, completed the paperwork, but my spouse won't sign. What are my options? Will the judge allow me to go on with the divorce?
Divorces, even those desired by both spouses, often get contentious. And if one spouse won't agree to end the marriage or is trying to avoid the divorce, the Divorce without spouse may stretch out longer than expected.
Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely failing to respond to a request for a divorce.
Others do so by hiding or trying to avoid "service" meaning in-person delivery of the divorce paperwork. How a judge will treat these situations depends on where you live: The easiest type of divorce is an "uncontested" divorce, which means both spouses have filed the necessary paperwork a divorce petition and a response and they agree to all divorce-related issues, such as alimony Divorce without spouse supportchild custody and supportand the division of property and debts.
Typically, if you and your spouse have reached a divorce settlement agreement on all of your issues, you can bring your agreement and any necessary divorce paperwork to court, "Divorce without spouse" a judge will review it, issue orders based on that agreement, and grant you a divorce. If the agreement involves child support and custody terms, judges will check to make sure your parenting agreement and the child support amount is in the best interests of the child and meets state guidelines.
If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested.
You may wait to be assigned a court appearance date. If your spouse fails to show up in court on that date, the judge may "Divorce without spouse" the case as though it's uncontested and enter orders based on your divorce petition and the response. If you have served your spouse properly, and your spouse failed to file a written response on time, some states let you file a request to enter a default Divorce without spouse. State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment.
It may also be allowed when a spouse can't be located for service.
The court will set a hearing date and ask that you appear. At the hearing the judge may issue a ruling based entirely on what is stated in your divorce petition or based on what you proved to the court and then issue your divorce orders and judgment. By failing to respond or appear, your spouse gives up the right to
Divorce without spouse any say in the divorce proceeding or court judgment.
If you have filed for divorce and are dealing with an uncooperative spouse, you should speak with an experienced divorce attorney to discuss the possibility of pursuing a default case.
The information provided on this site is not legal advice, does not constitute Divorce without spouse lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
What can I do if my spouse won't sign the divorce papers? Share on Google Plus. Question I've filed for divorce, the paperwork, but my spouse won't sign.
Answer Divorces, even those desired by both spouses, often get contentious.