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What happens when your ex refuses to sign the divorce papers?

On Behalf of | Feb 6, 2023 | Divorce |

If you and your spouse have decided that it is time for divorce, you may be preparing the divorce papers and talking about final signatures. Even though you have both agreed, there is still a chance that your ex might refuse to sign the papers.

What are your options if they refuse to sign?

Find out if they filed a response to the petition

The first thing to do is check with the court to see if your ex filed a response to the divorce petition. If they filed an uncontested response, schedule the court hearing for the final decree. At that time, the judge will confirm that your ex is not contesting the divorce and will issue your final decree. If he or she fails to appear in court, you will get the default judgment anyway.

Be prepared for litigation

If your ex has changed their mind since filing the initial paperwork, you might be facing a contested divorce instead. If so, the process takes a little bit longer, and you have to appear in court for the judge to issue a final determination.

Remember that your ex cannot stop the divorce

You might worry that contesting the divorce or refusing to sign the papers will prevent the divorce from happening. Your ex’s resistance will slow the process down, but it will not stop it.

Be prepared for anything when you file for your divorce. Even if your ex says that they will sign, you might face resistance when the time comes.



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