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Apr 24, 2023

Why Would a Spouse Refuse to Sign Divorce Papers?

When you file for divorce, you could be surprised to see a side of your.

Why Would a Spouse Refuse to Sign Divorce Papers?

When you file for divorce, you could be surprised to see a side of your spouse you have not seen before. For example, if you and your spouse had an acrimonious relationship for much of your marriage, it might be a relief when you decide to divorce; you and your spouse might be able to put your differences aside in order to move on with your lives or to make things as easy as possible on your children. On the other hand, filing for divorce might be like pulling the pin out of a grenade, and your spouse might commit to total war. In some cases, one spouse will attempt to delay the divorce process just to require the other spouse to spend more time and money by refusing to respond to correspondence or sign documents related to the divorce case. This strategy almost always backfires for the uncooperative spouse. To find out more about getting divorced from someone who refuses to cooperate, contact a Tempe family law attorney.

How Arizona Divorce Works When Everything Goes According to Plan

In the simplest divorce cases, both parties agree to all the terms before they even file divorce papers with the court. This is called an uncontested divorce or summary dissolution of marriage. It usually only happens when the marriage is of short duration and the parties do not own real estate together or have children together.

In most cases, though, one spouse files a divorce petition, including requests about the division of property and, if applicable, alimony and parenting time. The other spouse has several weeks to file a response to the divorce petition if he or she does not agree to all the terms that the filing spouse requested. Therefore, the parties go to family mediation. Most couples are able to finalize a marital settlement agreement and parenting plan during mediation. The judge then adopts the marital settlement agreement and uses it as the basis for a court order dissolving the marriage, thereby finalizing the divorce.

You Can Still Get Divorced if Your Spouse Does Not Cooperate With the Divorce Process

The court will still move your divorce case forward, even if your spouse does not cooperate. For example, if your spouse does not sign that he has received a copy of the divorce petition, you can hire a process server to fulfill the legal requirements of making every effort to serve your spouse with the papers. If you file a divorce petition and your spouse does not file a response by the deadline, you can request a default judgment in your divorce case. When this happens, the court grants all the requests you listed in your divorce petition. Default divorce takes a few months, but it is not more time-consuming than a contested divorce, where your spouse files a response.

Contact Singular Law Group About Default Divorce

A family law attorney can help you if you are trying to get divorced but your spouse refuses to cooperate. Contact Singular Law Group PLLC in Tempe, Arizona, to set up a consultation.

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