Can You Get a Divorce Without the Other Person Signing the Papers? Should I Stay or Should I Go?

Can You Get a Divorce Without the Other Person Signing the Papers? Sure, Let’s See How!

Getting a divorce is never a pleasant situation, regardless of how friendly the whole process is. You need to get familiar with your state law and check whether you need to go to court or hire a lawyer, even if you and your spouse agree on all essential terms.

Is it possible to finish everything online, and can you get a divorce without the other person signing the papers? There are lots of questions before and during a divorce, and DoNotPay has the answers.

What Happens if Your Spouse Won’t Sign the Divorce Papers? Reasons and Solutions

If your spouse refuses to sign the divorce papers, it's crucial to understand their reasons. This might be important since it’ll help plan your strategy, i.e., figure out how to respond and proceed further.

Here are some common reasons a spouse might refuse to sign divorce papers:

Your Spouse IsWhat You Could Do
Hoping to work things out with you
Trying to force you into somethingIf your spouse is refusing to sign the divorce papers to make you give up custody or some assets, you shouldn’t give in to their manipulation and could:
  1. Hire a mediator
  2. Talk to an attorney
  3. File for divorce alone
Keen on making things more complicated for youAs divorces can bring out the worst in people, your spouse might want to make the whole process more difficult for you. This might prolong the process, but you shouldn’t give up because, in most states, one party is enough to initiate the divorce procedure. You could:

Can You Still Get a Divorce if Your Spouse Won’t Sign?

You shouldn’t panic if your spouse won’t sign the divorce papers because you can start the process yourself by:

  1. Stating you want a divorce because of irreconcilable differences
  2. Filing your petition for divorce with the court

You don’t need your spouse’s signature for this process. Once you file the petition, here is what follows:

  1. Your spouse will be served with the divorce papers
  2. They can file a response with the court within a required period, depending on the state law
  3. A judge schedules a default hearing you must attend if the spouse doesn’t respond on time
  4. The court will rule an uncontested divorce even if your spouse hasn’t responded or appeared in court

What Happens if Someone Refuses To Sign Divorce Papers? Possible Complications

Why chase your spouse to sign the documents if you can end your marriage without their signature? The post-divorce period is less stressful if both parties cooperate and agree on crucial terms.

In case your spouse refuses to sign the divorce papers, it is likely they aren’t willing to negotiate key aspects of the future arrangement, including the:

To avoid potential complications, try talking things over with your spouse and resolve to have a low-cost divorce, preferably without a lawyer. to complete the uncontested divorce process smoothly.

DoNotPay Helps You Create a Rock-Solid Divorce Settlement Agreement

DoNotPay can help you prepare an uncontested divorce settlement agreement following your state legal requirements. You won’t have to spend a small fortune on service fees.

To get the document tailored to your needs, and take these steps:

  1. Enter Divorce Settlement Agreement in the search box
  2. Provide answers to a few questions regarding your spouse and children, if applicable
  3. Enter information about your income and assets

Our AI-powered app generates the document taking into account the provided information and local legislation.

What’s next? Sign the document and get it notarized. We can help you with notarization, too. DoNotPay connects you with a remote notary who can perform the procedure in a video meeting.

Find Answers to Additional Divorce-Related Questions

If you’d like to understand the divorce process better, you should browse through our learning center. We offer comprehensive guides and answer questions, such as:

You can also find state-specific information about the divorce process in Wisconsin, New Mexico, Michigan, Texas, Florida, Minnesota, Tennessee, Louisiana, North Carolina, or Pennsylvania, to name a few.

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