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

Divorce is an inherently difficult process just due to the emotions involved. However, it because even more difficult and complex if you have a spouse who refuses to cooperate.

Matters will become difficult from the outset of the divorce if your spouse refuses to even sign the paperwork. What steps can you take in such a scenario? Here’s an overview of what you should know.

• You do not need their consent: This is an important fact to know. You cannot be forced to stay in a marriage you no longer wish to be in, and thus you do not need the other party’s consent for the divorce. While matters will be easier if your spouse cooperates, you can still proceed with the divorce even if they refuse to play ball.
• Filed response: If your spouse was served the divorce papers and filed a response in which they did not contest any of the issues, you may be able to proceed with an uncontested divorce. If your spouse does not show up at court hearings or does not contest the divorce, the judge may issue a divorce order based solely on the facts of your complaint. However, if your spouse contests the divorce, you can expect the process to take longer, because you may require multiple hearings to discuss the most important issues of the divorce.
• Failure to respond: If your spouse refused to even respond to the divorce complaint, you may be able to file a motion for default judgment. In this case, a hearing will be scheduled for you and your spouse, and if they do not show up the judge will enter a divorce order based on your divorce complaint.

An experienced attorney will be able to help you decide which path is the best given the circumstances of your marriage and your divorce wishes. For more information, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.