My spouse won’t sign divorce papers. What do I do?
Even the most amicable divorce can be emotionally draining and tiresome to navigate. But if your spouse is adamant and anything but willing to sign divorce papers, you might be wondering what to do.
If you have decided to end your marriage, you are probably ready to follow through to the end so you can pick up the pieces and move on with your life. But what happens if your spouse is unwilling to sign the divorce papers? Will the divorce still proceed?
But why won’t they sign?
First and foremost, it helps to try to figure out why your spouse would not sign the divorce papers. Their action could be inspired by a number of factors such as the hope that you can still work out your differences. In this case, sitting down to explain to them that you are no longer interested in the marriage might persuade them to sign.
Will the divorce go ahead if your spouse refuses to sign divorce papers?
A quick answer is yes. Your divorce can, and will, go ahead even if your spouse refuses to sign the divorce papers. However, do keep in mind that this will lead to a contested rather than an uncontested divorce, and this can be quite costly on multiple fronts. Worse still, things can become more complicated if children and property division are in the picture.
Your options if your spouse refuses to respond to the petition
If your spouse refuses to sign the divorce papers, they will be deemed to have “defaulted.” You may have to file an affidavit to the court as proof that you served them divorce papers and that they refused to sign them. With this, the court will decide default orders without necessarily involving your spouse.