Steps To Take If Your Spouse Refuses To Sign Divorce Papers
If one spouse refuses to sign divorce papers, what happens next?
No matter the reason for a divorce, it’s a stressful process. In most cases, the spouses are unable to agree on how to split everything and, in some instances, may not even agree to go through the divorce. This situation can lead to one spouse refusing to sign the divorce papers. The good news is that the signature isn’t necessarily needed, and it’s possible to get a divorce even if the other spouse is uncooperative throughout the process. The key is to have the right help and know what steps to take next.
A Signature Isn’t Needed for the Divorce
What may be surprising to some people is that a signature on the divorce papers isn’t needed. It’s possible to get a divorce without that signature. The spouse’s approval isn’t needed, either. It’s not required because one spouse can’t force the other to stay married against their will. The spouse won’t need to sign anything or even show up to the court to go through the divorce process or contest it. It is crucial to alert the spouse to the divorce and allow them the opportunity to participate in the process, but if they refuse, there are ways to complete the divorce without their cooperation. The first thing to do is speak with an attorney with experience working on cases like these.
Start Talking to an Attorney
A divorce attorney in Cullman will have experience dealing with cases where the other spouse refuses to participate or sign the divorce papers in an attempt to stall or prevent the divorce. The attorney will know precisely what options are available for their client based on the current situation and what will be the better option to try to complete the divorce without the spouse’s cooperation or signature. In most cases, options include going through mediation, letting the divorce go through a trial, serving papers through an alternative method, and requesting a default judgment. For each of these, it’s essential to follow the court’s guidelines and rules carefully to prevent any mistakes that could slow the progress of the divorce.
Try to Go Through Mediation
The divorce may stall because one spouse isn’t sure it’s the right option or is worried about moving forward. In these cases, mediation may allow the spouses to discuss any potential concerns in a neutral space and devise a plan to complete the divorce. It may be possible to convince the spouse to sign the papers during the mediation, allowing the divorce to proceed normally.
A mediator will oversee the mediation session, but both spouses can have a lawyer with them, too. During the mediation, anything related to the divorce can be discussed. Along with working to convince the spouse to sign the papers, mediation is an excellent opportunity to discuss how everything will be split and what it will look like once the divorce is finalized. This can help put the spouse’s mind at ease about the divorce, which can help to convince them to sign the paperwork.
Let the Divorce Go to Trial
Though it’s costly, if mediation doesn’t work, the case can go to trial. During the trial, the judge will review all assets, child custody and support, and spousal support or alimony and then decide on each. If the spouse doesn’t want to sign the paperwork for an agreement on how to split everything, it will be up to the judge, and they may not be happy with the results. However, this will push the divorce forward and have it finalized, even if the spouse doesn’t want the divorce to proceed or doesn’t want to come to any agreement or sign any paperwork.
Serve Papers Through Alternative Methods
The paperwork must be served to the other spouse when filing for divorce. A process server can find the spouse at their home, work, or another location and serve them with the papers. This helps to prove that the spouse received the paperwork and was informed of the divorce. However, sometimes the spouse will hide or move without providing a forwarding address, which can make it difficult to serve them.
A private detective may be successful in finding the spouse’s new location. Searching online for this information may also be possible, though it may take some time for online sources to be updated. Another option is to serve by publication. Instead of serving the paperwork in person, since the spouse can’t be found, it’s possible to serve them by posting a notice of the divorce in a local newspaper.
It is crucial to work with a lawyer when doing this, as specific requirements must be met for the service by publication to be valid. In most cases, it must be shown that it was impossible to serve the spouse in person and that their current address is unknown. It may also be required to post the notice for a specific amount of time, and the newspaper chosen must be one that is published near their last known address.
Request a Default Judgment
If the spouse refuses to sign the paperwork or can’t be found and doesn’t appear in court after service by publication, the final step is to request a default judgment. The judge will finalize the divorce as long as proper procedures have been followed and the spouse has had the opportunity to learn about the divorce. It is possible for the spouse filing for divorce to get a much better outcome in this situation, though it can be far more challenging to receive a default judgment compared to going to trial or other options.
A messy divorce isn’t something new. There are many situations where one spouse has refused to participate in the process, whether to control the situation or try to avoid getting a divorce. However, the divorce can still proceed, even if the other spouse disagrees. Talk to a lawyer today about your pending divorce to see if any of these options might be the right fit for your situation.
