Couples who are getting divorced often have trouble agreeing on anything. In many cases, they don’t even agree on getting a divorce in the first place.
And when that happens, one spouse may refuse to sign the divorce papers. Or they may not even be around to sign the papers in the first place.
What happens then?
It can be complicated, but it’s not impossible to proceed. Here’s everything you need to know about what to do if your spouse won’t sign the divorce papers.
Does Your Spouse Have to Sign the Divorce Papers?
No, your spouse does not have to sign the divorce papers in order for you to get a divorce.
However, you may have to follow a different divorce process if you can’t convince your spouse to sign.
First, you can file your divorce petition without your spouse’s involvement. And if they refuse to sign the actual divorce papers they’re served with, that’s OK. You can still get divorced.
Each state has its own procedures for this, but in general, the divorce process either takes longer or requires extra legal steps when one spouse won’t sign.
That’s why many people in that situation hire a divorce attorney. An experienced lawyer can guide you through the divorce process as quickly and painlessly as possible.
Contested vs. Uncontested Divorces
If your spouse signed the divorce papers with no issue, you would have an “uncontested” divorce. As a general rule, this is the fastest type of divorce.
It’s what happens when two spouses agree that the divorce needs to happen. And usually, it means they agree to amicable and fair terms of the divorce involving factors like the following:
- Who gets the house
- Division of other assets
- Spousal support/alimony
- Child custody
- Child visitation
Much more common is the contested divorce. By default, if your spouse refuses to sign the divorce papers, you’re dealing with a contested divorce. These divorces are usually longer and more complex.
Find Out Why Your Spouse Won’t Sign Divorce Papers
You can still get divorced if your divorce is contested. But there may be legal issues to solve. To understand what you will have to do, you need to understand why your spouse is refusing to sign the divorce papers.
Common reasons spouses refuse to sign divorce papers include the following:
- They believe the marriage can or should be saved.
- They want to make your life more difficult (and actually want a divorce, too).
- They have left you and you don’t know where they are.
- They do not want to face unfavorable terms on factors like child custody or spousal support.
Why does the reason matter, exactly? Because you need to understand your spouse’s motivations as you determine how to proceed.
It may be that all you have to do is have a calm discussion with your spouse. Or you may need to take different and more serious legal action. Your attorney can help you decide what to do.
Spouse Won’t Sign the Divorce Papers? Call an Attorney
You want to get this divorce over with. We understand that. But we also understand that your spouse is standing in your way.
It’s frustrating. And it’s a common time when people make mistakes — you do something out of anger or frustration that complicates your divorce proceedings. And that may be exactly what your spouse wants to happen.
In any case, call a qualified divorce attorney. Your lawyer can help you understand your options when your spouse won’t sign the divorce papers. And they can give you a legal roadmap to a quick and painless divorce.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.