It happens more than most people care to admit. For whatever reason, one spouse or the other just won’t sign the papers. The most common reason for this is anger and hurt feelings. The spouse who won’t sign just isn’t ready to admit yet that the marriage is over. He or she thinks that by not signing, it’s possible to simply stay married, even if it’s miserable.
It’s true that if a spouse won’t sign, it can delay the process and cause it to drag through the court system, but the reality is that it’s only delaying the inevitable. It’s also important to understand that there are actually two documents of note that your spouse can balk at signing. The first is the separation agreement. This isn’t a court mandated document, but rather, a contract between two consenting adults, basically spelling out who’s living where. Unfortunately, there’s not a lot you can do if your spouse won’t sign this. As with any contract, it’s not worth much unless both parties agree. The good news, though, is that failure of your spouse to sign the separation agreement doesn’t prevent you from moving forward.
Once you actually file for divorce, the law requires that your spouse be “served.” An officer of the court will deliver the papers. Again, your spouse may choose to simply not respond to this, but doing so won’t prevent the divorce from happening. What it will do is deny your spouse the opportunity to get his or her “side” on record, which actually works against your soon-to-be-ex-spouse more than it works against you, even if it slows the process down.
The bottom line is – don’t lose sleep if your spouse won’t sign. While it may cause the process to drag on for a bit longer than you’d like, it won’t prevent you from actually getting the divorce in the end. If you are concerned that your spouse won’t sign, setup a free consultation with our team. We can advise you on the best options for your situation and give you the help you need to move forward with your life.
