What Should I Do if My Spouse Won’t Sign the Divorce Papers?

What Should I Do if My Spouse Won’t Sign the Divorce Papers?

You’ve made up your mind: it’s time to move on. But your spouse refuses to sign the divorce papers, leaving you caught in a marriage that’s already over. The silence and waiting are unbearable. Divorce is never easy, but you shouldn’t have to feel trapped by someone else’s refusal to let go.

The experienced divorce attorneys at Kvale Antonelli & Raj are here to tell you that you still have options. Ohio law provides a path forward, even without your spouse’s cooperation. If your spouse won’t sign the divorce papers, here’s what you should do first:

• Stay calm. Reacting out of frustration can often make a difficult situation worse.
• Talk to a divorce attorney. Get legal advice that is specific to your situation and location.
• Confirm your spouse was properly served. The legal process requires that the divorce papers be delivered correctly.
• Keep records. Save every message, email, or log of any attempt to communicate with your spouse.

These initial steps help protect your rights and prepare you to move forward, whether your spouse participates or not.

Why Won’t My Spouse Sign the Divorce Papers?

A spouse may refuse to sign divorce papers for a number of reasons, none of which can legally stop the process. Refusal is often rooted in emotional reactions, such as denial about the end of the marriage, anger, fear of financial loss, or an attempt to maintain control over the situation. Understanding the “why” behind their refusal can give you emotional closure, but it is important to remember their reasons do not have to derail your divorce.

Can I Still Get Divorced If My Spouse Refuses to Sign?

Yes, you absolutely can still get a divorce even if your spouse refuses to sign the papers. In Ohio, a divorce can be either “uncontested,” where both parties agree on all terms, or “contested,” where they don’t. A spouse’s refusal to sign simply moves the case from an uncontested divorce to a contested one. If your spouse refuses to respond after being properly served with the divorce complaint and given the required time to reply, the court can proceed with what’s called a “default divorce.” All your spouse’s refusal does is delay the divorce process, not stop it.

How Long Can a Spouse Delay a Divorce by Refusing to Sign?

While a spouse’s refusal to cooperate will cause delays, they cannot indefinitely stall the divorce process. Courts have specific statutory deadlines for responding to legal filings, typically ranging from 20 to 30 days after being served. If a spouse fails to respond within this timeframe, your attorney can file a motion for default. The court will then proceed without their input. So, while you might experience a few weeks or a few months of additional waiting due to these procedural steps, the legal system is designed to keep things moving.

Will I Get What I’m Entitled to If My Spouse Doesn’t Participate in the Divorce Process?

Yes, the court can and will make decisions about property division, child custody, and financial support even if your spouse is uncooperative. However, these decisions are made purely based on the information you provide. The court’s goal is to achieve a fair and equitable outcome under Ohio law, but it relies entirely on the evidence and documentation presented during the case. This is why proper legal representation is critical. Your attorney will effectively prepare and present documentation to protect your interests and fight for what you are entitled to.

Your Fresh Start Is Waiting

You do not have to stay stuck just because your spouse refuses to sign. The divorce can still move forward, and with the right legal support, you can regain control and find peace of mind. Don’t let frustration or fear keep you from taking action. Reach out to an experienced divorce attorney at Kvale Antonelli & Raj. We know how to handle uncooperative spouses and can help you start moving toward the fresh start you deserve.