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What Happens if My Spouse Won’t Sign the Divorce Papers?

On Behalf of | Mar 23, 2021 | Divorce, Family Law, Firm News

The divorce process does not always go as smoothly as people hope. In some cases, a spouse may even be so against the idea of cooperation that they may even refuse to sign the divorce papers. If you are seeking a divorce, this refusal will likely cause you some serious frustrations and you may even be worried about the prospect of completing this process.

The good news is, regardless of a spouse’s refusal to sign the divorce papers, one cannot prevent a divorce from happening as long as one of the spouses wants to end the marriage. That said, it can create some delays and snags you would not otherwise encounter.

What Happens Next?

After you file for a divorce, your spouse will have up to 20 days to file a response. However, it is essential that your spouse is properly served the divorce papers. You can either serve the divorce papers yourself or hire a sheriff or constable to serve your spouse. If your spouse refuses to respond or sign the papers, the judge may allow it to continue as an uncontested divorce, and assign a court date. Additionally, your attorney can potentially file a motion for default judgment.

If your spouse does not attend the court date and does not respond to or contest the divorce, the judge may enter a divorce order based on the facts within the complaint you initially filed. Ultimately, your spouse cannot keep you from ending the marriage. Even without a signature or your spouse’s consent to the divorce, you can continue to move forward and achieve the resolution you are seeking.

Speak to a Knowledgeable Divorce Attorney to Get Started on Your Case Today!

If you are seeking a divorce and your spouse is being uncooperative, you can still end your marriage. Your spouse’s consent to the divorce is not necessary. However, you should seek skilled legal guidance to assist you with this process. At Barach Law Group LLC, our family law team is backed by decades of experience. You can rely on us to guide you through your divorce even if your spouse refuses to participate in the process.

Reach out to our law office today at 617-819-1805 to set up an initial case review with one of our experienced divorce attorneys to discuss the details of your case.