What to do When a Spouse Refuses to Sign Divorce Papers - Bineham & Gillen

divorceWhat to do When a Spouse Refuses to Sign Divorce Papers

February 6, 2020by Bineham & Gillen Law

What Happens If My Spouse Refuses to Sign the Divorce Papers?

If your spouse refuses to sign the divorce papers, your divorce becomes contested. While the divorce will still go through, it will likely extend the divorce process. If your spouse refuses to sign the divorce decree, you will have to set a hearing and present evidence to a judge so they can determine the terms of the divorce. 

Does My Spouse Have to Sign the Divorce Papers in Order for it to go Through?

The quick answer is no, your spouse does not have to sign the papers in order for a divorce decree to be finalized. However, this makes your divorce contested rather than uncontested, which tends to drag the process out longer. This becomes even more complicated when there is property or children involved in the divorce. 

Likewise, you cannot stop a divorce by refusing to sign the papers. In Texas, refusing to sign divorce papers will not stop a final divorce decree. If one party is seeking a legal divorce they will get it whether the other party signs divorce papers or not.

What Happens If My Spouse Doesn’t Respond to A Divorce Petition?

In the event your spouse refuses to respond to a petition for divorce, the spouse will “default.” You will have to file an affidavit to the court in order to prove the divorce petition was served and you will need to provide proof that your spouse did not respond. Once these two items are presented the judge can decide default orders without the spouse’s influence. These can include items like alimony and child support. 

Learn How to Get a Divorce in Bexar County

If you’re beginning the divorce process and aren’t sure what steps you need to take, you can read or download our How to Get a Divorce Guide. The guide goes over the steps that need to be taken in both contested and uncontested divorce scenarios. If you fall under a special circumstance like a divorce with children or military divorce, you can find answers in the guide. 

You can also set up a courtesy consultation with us. Give us a call to get started.