Divorce is never easy, even under the most agreeable circumstances. But what happens when your spouse outright refuses to sign the divorce papers?
Many people believe that a divorce can’t proceed without the cooperation or signature – of both parties. Fortunately, this isn’t the case in the United States.
Whether you live in Florida, Washington, Missouri, or any other state, the law offers paths forward when one spouse tries to delay or avoid the process.
Here’s what you need to know if you find yourself in this difficult situation.
A Spouse Cannot Legally Prevent a Divorce
One of the most common misconceptions about divorce in the U.S. is that both spouses must agree to it for it to happen. While mutual consent does make the process faster and smoother, no one can be forced to stay in a marriage against their will.
Most states, including Florida and Washington, follow no-fault divorce laws, which means that either spouse can file for divorce without proving wrongdoing.
Simply stating that the marriage is irretrievably broken or that there are irreconcilable differences is usually enough.
If your spouse refuses to sign the papers or doesn’t respond, that does not stop the legal process from moving forward.
Reasons Why a Spouse Might Refuse to Sign
Understanding why your spouse is refusing to sign can help you better prepare for the road ahead. Some common reasons include:
- Emotional resistance: They may still be emotionally attached or hoping for reconciliation.
- Spite: Some use refusal as a form of control or retaliation.
- Strategic delay: They might think that refusing to sign gives them leverage for a better financial or custodial arrangement.
- Misconceptions: They may wrongly believe that their refusal can block or stall the divorce indefinitely.
But regardless of the reason, the refusal to sign rarely works as a long-term strategy. The courts are equipped to handle uncooperative spouses.
What Happens If They Don’t Respond?
If your spouse is served divorce papers and fails to respond within the legal timeframe—typically 20 to 30 days depending on the state – you can request a default judgment.
In a default divorce, the court assumes the non-responding spouse has no objections and will often grant the petitioner (the filing spouse) what they asked for in the divorce petition. This includes issues like child custody, spousal support, and division of assets.
For example, in Florida, once 20 days have passed without a response, the petitioner can request that the court enter a default.
In Washington, the same timeline applies. Once default is granted, the case proceeds without the other party’s input.
A judge may still require a hearing to finalize matters, but the absent spouse has lost their chance to contest the divorce terms.
Each U.S. state has specific procedures and timelines that dictate what happens if a spouse doesn’t respond to a divorce petition. Here’s a look at how this process works in several states:
1. Florida
- Response Deadline: 20 days from the date of service.
- Action: If no response is filed, the petitioner can request a default judgment, allowing the court to proceed without the spouse’s input.
2. Washington
- Response Deadline: 20 days (60 days if served outside Washington).
- Action: The petitioner may request a default hearing. If granted, the court assumes the respondent agrees to the petition terms.
3. California
- Response Deadline: 30 days after service.
- Action: If no response is received, the petitioner may request a default judgment. California courts allow divorce to proceed even without the respondent’s participation.
4. Texas
- Response Deadline: Monday following 20 days after service.
- Action: The court may issue a default judgment in favor of the petitioner if the spouse fails to respond or appear.
5. New York
- Response Deadline: 20 days after service (30 days if served outside the state).
- Action: The filing spouse can proceed with a default divorce by submitting an affidavit of non-response and requesting a judgment.
6. Illinois
- Response Deadline: 30 days from service.
- Action: A default judgment may be granted, but courts may still schedule a hearing to confirm details before finalizing the divorce.
7. Missouri
- Response Deadline: 30 days after service.
- Action: The court may issue a default judgment after verifying that proper notice was given. This includes deciding matters like custody or support.
8. Georgia
- Response Deadline: 30 days after service.
- Action: If no answer is filed, the petitioner can move forward with a default divorce. A court hearing may be held to finalize the decree.
9. North Carolina
- Response Deadline: 30 days after service.
- Action: The petitioner may request an entry of default and then schedule a hearing for final judgment.
10. Arizona
- Response Deadline: 20 days (30 days if served out of state).
- Action: A default decree can be requested. The petitioner must file an application and wait an additional 10 business days before the court enters default.
How to Proceed If Your Spouse Refuses to Sign
Here are the key steps to take if your spouse refuses to cooperate:
Consult an Attorney
This is crucial, especially in contested divorces or when your spouse refuses to engage. An experienced family law attorney can help you prepare for complications and guide you through your legal options.
File for Divorce
Even if your spouse won’t sign, you can still file a divorce petition. Your lawyer will help you properly serve the papers and ensure all legal procedures are followed.
Request a Default Judgment
If your spouse doesn’t respond within the required time, you can ask the court to issue a default judgment. This moves the process forward without your spouse’s participation.
Mediation or Settlement Options
If there’s still hope for compromise, consider mediation. A neutral third-party mediator can help resolve sticking points without going to trial. This can be less expensive and less emotionally draining than a full courtroom battle.
Motion to Enforce a Settlement
In cases where both parties agreed to terms but one party is now refusing to sign the final papers, you may file a motion to enforce the agreement.
Courts may uphold the prior agreement and proceed accordingly, especially if it’s well documented.
Considerations When Children or Assets Are Involved
Divorces involving children or significant assets can complicate default judgments. In such cases, courts may require more documentation or hearings to ensure the outcome is in the best interest of any minors involved.
For example, in Florida, default judgments are not final when children are involved until the court determines what arrangement best serves their interests.
This means that even in a default situation, the court might make conservative assumptions about a spouse’s income or availability – for instance, assuming they earn minimum wage if no financial information is provided.
This can significantly affect outcomes like child support or alimony.
Can a Default Be Overturned?
Yes, but it’s not easy. A spouse who has had a default judgment entered against them can try to have it set aside by proving:
- Excusable neglect: They had a legitimate reason (like hospitalization or incarceration) for missing the deadline.
- Meritorious defense: They have a strong case that could potentially change the court’s decision.
- Due diligence: They acted promptly once they discovered the default judgment.
These standards vary by state, and judges generally scrutinize such requests carefully.