Divorce is never an easy process. However, it can go relatively smoothly so long as your spouse cooperates.
When you and your spouse agree on the divorce and can come to an agreement quickly on the various issues, such as the division of property, spousal support, and child custody, then you may manage to have as easy a divorce as is possible.
You both sign the papers, have your agreement finalized by the court, and move on. But what if your spouse refuses to sign divorce papers?
Unfortunately, that may not be the case for you. Achieving a divorce from an uncooperative spouse can feel like an uphill battle. You eventually have to ask, what do you do when your spouse refuses to sign divorce papers? If you expect a contested divorce, or for your spouse to ignore the proceedings, it is best to speak with a skilled divorce attorney regarding how to obtain a divorce without your spouse’s cooperation.
5 Actions to Take if Your Spouse Refuses to Sign Divorce Papers
1. You Do Not Need Your Spouse’s Consent to Obtain a Divorce
Long gone are the days when one spouse might need the other’s consent to obtain a divorce. Now, consensual, or uncontested, divorces may be easier, but they are not required. You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation. However, it is important to understand that your spouse’s attitude influences what you need to do to dissolve your marriage.
2. Determine the Proper Grounds for Divorce
At this point, every state has an option for a no-fault divorce. It may go by different names in different states, but you are not forced to prove fault to obtain a divorce anywhere. However, there are situations in which you may choose to file for divorce based on fault in hopes of obtaining some benefit. For instance, in certain circumstances, proving that your spouse was at fault may help you obtain a larger property settlement, spousal support, or sole custody of your children.
If your spouse has already stated they will not sign divorce papers, and you have not yet filed, speak with a divorce attorney about the pros and cons of filing a no-fault or fault-based divorce. In Pennsylvania, you still have the option to file for a no-fault divorce based on the marriage being irretrievably broken. An irretrievable breakdown divorce does not require your spouse’s signature, though it does require at least a one-year separation before the divorce can be granted.
3. Did Your Spouse File a Response to the Divorce Complaint?
If your spouse was properly served the divorce papers, filed an uncontested response in court, then refused to sign the final divorce papers, talk with an attorney about your option to proceed with an uncontested divorce. In some jurisdictions, if the spouse did not contest the divorce or any particular issue in their response, the judge may allow you to proceed with an uncontested divorce.
In this scenario, you and your spouse will be assigned a court date. If your spouse does not attend the court date or attends and continues to not contest the divorce, the judge may enter a divorce order based on the facts in your complaint and the response.
You may have to move forward with a contested divorce, though. A court hearing will be set, and your spouse will be served with the court date. If they attend and openly contest the divorce or a particular issue, then each side must present testimony and evidence regarding their preferred outcome. The judge will use the evidence to make decisions related to the divorce, such as the division of assets and debts, retirement, alimony, and child custody and visitation.
Contested divorces can take weeks or months because the matter may require multiple hearings to argue the numerous issues involved. If you know your spouse is ready to fight you during the divorce, contact a Pittsburgh contested divorce attorney as soon as possible.
4. Did Your Spouse Fail to Respond to the Divorce Complaint?
You may have had trouble with your spouse right from the start. Despite properly filing for divorce and serving them with the divorce papers, your spouse may have not responded in time. That is, they failed to file a written response with the court. In this situation, your attorney may file a motion for default judgment.
A hearing date will be scheduled for you and your spouse to attend. If they do not show up to court that day, the judge can enter a divorce order based on the facts in your original divorce complaint, so long as you have met all the statutory requirements for a divorce.
5. Do Not Put Your Divorce on Hold
You may think that your spouse’s lack of consent or cooperation will delay your divorce. This is not necessarily true. The way in which your spouse can delay the final divorce order is by actively participating in the proceedings and arguing about each underlying issue. A contentious divorce can take months or years to finalize. However, if your spouse chooses to not participate, then this could lead to a speedier resolution.
You may have to fulfill a statutory waiting period to obtain a divorce, such as a one-year separation. However, there is no reason to pause your divorce or wait excessive periods of time for your spouse to sign divorce papers. You can obtain a divorce without their signature, and a Pittsburgh contest divorce attorney can help along the way.
What happens if he dont show up to court will my divorce be granted right there
Can the un contested divorce apply in Texas
I have filed for divorce three times, and my hearing has been dismissed three times due to my husband not being served papers even though he knows I’ve filed for divorce. I had the divorce reinstated and sent him the papers he did absolutely nothing! Hes moved on, has three kids with another woman but wont pick up and avoids being served by a process server. I’m at my wits ends. I dont have any idea of how to get my divorce finalized or to move forward.
No contest divorce..you guys have been seperated and he has additional children that are not yours which proves hes obviously moved on. File no contest…they have 30 days from then to respond..after so..the court can grant u your divorce if no response or he puts up no fight
My ex did the same too. He signed the first set but not the second. He then had a child with another woman while using me and our “married” status for tax purposes for the last 10 years. I cannot afford a lawyer to help me so I’m stuck being married.
I would make him pay u less he can support your house & here
Her’s since he want to keep a hold on u. So if she so much better than you (in his mind) she should have his name since they were reproducing together she should have his name a real man would let go
What if you got them served and then went to file that she wasn’t sighing the divorce paper what’s next?
My spouse is in jail right now for assaulting me. We have been separated for a year. I had an attorney send him divorce papers which i signed. He ripped them into pieces and sent them back to the lawyer. What do i now
what if you willing signed divorce papers and your spouse tells you years later they never turned the paper work in and you wanted the divorce.? what would be the next step?
Excellent article. Refusing to co-operate without any valid reason does not make the situation just go away. Nor does it help with any future interactions that may arise (especially if children are involved). Thanks for sharing!
This is’s a bad sign for every men and women, when they tried to get divorced from each other. At this stage most of the person are taking their decision in a wrong way. If they go to a special person like family lawyer, it will be helpful for them to talk the right decision.
WTF did you just say Adam? Wow
I filed for divorce we went for the first hearing but we didn’t agree so we didn’t sign. Now I received a notification for a second hearing how do I know if has an attorney
My daughter who lives in Pa. Recently file for a divorce. Husband has been served with papers, does nothing with them, does not want to leave the house and does not offer financial support even though he works. Any suggestions?
Worried mom
I can’t afford an attorney the papers are notarized and I signed my part can I file the papers without his signature
I have a 3-year PFA against my wife we have been separated for many years prior to this and I am completely frustrated with how I go about doing this because she will not sign papers can somebody please help me
I am at the final stage of my divorce. The decree was submitted but the judge found that the other party never took the parenting class. The other party is now ignoring the whole situation and the judge has said the decree will be sent back till this is completed. What can I do if the other party does not take the class? Why am I being held accountable for something the other party doesn’t want to comply with. Anything I can file?
He will not sign the papers and he isn’t supporting our children at all. I do not have a job at this time a I am helping my mother with her son that has stage 4 cancer. I will be returning to work. Help
How can I find out if am divorced ? I have separated 5 years ago and I was told my husband got a divorce without me but I don’t have documents to prove how can I find out if that’s true
I really like an advice on my situation , I been married for 35 years it took me to long to find out, that I married the wrong person.i have a 28 year old daughter a 3 year grandson and 20 and 18 year old they’re my wife’s nephews the 18 has autism, we have custody since 2017 till now I hate selling the house only because of my grandson and the autism kid,.I am very confused I can’t concentrate, and disoriented, if I leave they might accused me of house abandon, …I forgot to mention my wife cheated on me with a jounger man..that’s why I can’t stand it been here under the same roof.
He doesn’t wNt to do the final steps
I finally was able to convince my Spose to finally get the divorce started after one year 2019 to 2020 of avoiding me.
It’s now 2021 and calling the County Clerk stated she didn’t finalize the Uncontested papers. What else can I do to get this over with and move on? How frustrating
My spouse and I have been seperated almost 7 years, we have a daughter in common and there is a court order in a state that neither of us reside now, I want to file for divorce but he wont agree unless I give him custody of my daughter. I am obviously not going to do that. At this point in time he has an active protection from abuse order against him and was arrested for hitting his ex girl friend, he is also using drugs, he isn’t just using in his free time but while my daughter is with him in his vehicle. He lives in a 2 bedroom apartment with his current girlfriend and her son. My daughter went for court ordered visitation and had to share the same room with the girlfriends son. He is 6 and she is 12. The girlfriend is on again off again so not stable at all. Where he lives she has no family from his side or mine. I cant afford a lawyer so I need help on the best route I should take. I document every single thing from stuff that has happened during her visits to texts phone calls times length of times and dates. When he isn’t with the girlfriend I am a fantastic mom but when hes with the girlfriend I am a horrible mom. When it comes to co parenting he does nothing the only time he cares to co parent is if it’s me stepping in to correct her behavior toward him. When she is having behaviors with me he does nothing.
i am trying to get a divorce from my husband he abandon me while i was pregnant with our second child. i dont know where he is at and i have no contact with him. and his family is no help to give any info on his whereabouts. i already have full custody of the children. i dont want child support cause he will not pay he already owes for his frist child. he owes about 200k to his other baby mama. what can i do
Is it possible for a woman to ask for a letter if the spouse refuses to sign the divorce papers
I’ve been separated from my ex husband going on 4 years and finally decided to file for divorce and I mailed him the papers but he refuses to sign them he doesn’t pay child support although he’s appointed to he has no interest in the kids and has a girlfriend but wants to stay married to me for some unknown reason and his girlfriend is OK with that at one point he was willing to sign his rights over now he’s not and my kids don’t want anything to do with him I was in out of the women shelter so there should be records of that due to him abusing me what can I do if he doesn’t want to sign he’s using that as a form of punishment smh
I haven’t been with my ex since 1998 I filed divorce fast and they got sent back to me it said person no longer lived there. All the kids are grown and out of the home. So what do I do.
Guys need help my wife is not signing documents. And my child she refused to even have dinner with. I am in really bad zone. I keep going back and forth with attorney office no results are coming out my ex keep telling me she will sign the documents but that day never came. Please need help.
My husband abundant me and my kids for 6 years now he file for a divorce, can I sue him for support over the past 6 years for me and my kids as he gave us nothing during that period of time
Well Mr Platter, I have been through a few of these as well as helped friends out on some. I can give you my thoughts on the issue.. you can find me on facebook Melody Maggert. Ill help answer where I can and if i have gone through it one way or another… Ill tell you what worked and what didnt. Fair enough?
I heard my husband was remarried but I never sign any paperwork
My Spouse refuses to sign the last page, the Final Praecipe To Transmit Record. He is almost 2 weeks after the contempt of court date. He signed all other pages. Problem is, we live in a different county from where the divorce was filed. What can I do?
Can a uncontested apply in Missouri
Hi my ex wife is remarried and Iv not signed no divorce paperwork can someone help me out as ain’t that bigermy or something along them lines any help plz would be appreciated thank you