- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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What will happen if you refuse to sign the divorce papers? The divorce process will continue with or without you, and if you’re not careful, it can end very badly for you.
Generally, when a spouse files for divorce, the process typically begins with being served with divorce papers. This marks the official start of what could potentially become an uncontested or contested divorce.
Assuming both parties agree to the divorce and its terms, both spouses sign the divorce papers reflecting their agreement. This is the ideal no-fault divorce process.
However, there are instances where a spouse refuses to sign these papers, either for emotional reasons, sometimes in the hope of reconciliation, or as a strategic maneuver to manipulate the spouse by delaying the divorce process.
Whatever the reasons for refusing to sign the divorce papers, it is of little consequence—the divorce process will proceed.
Ignoring the legal process can alienate the judge presiding over your matter and turn an already irritated spouse into a vindictive one.
Throwing obstacles into the divorce process will only frustrate the judge and court staff who run it. You will make it easy for them to conclude you are likely the problematic spouse in the relationship. The likely consequence? Unfavorable rulings regarding the distribution of marital assets and liabilities, as well as on child custody and spousal support.
We also examine what steps your spouse can take to move the divorce process forward without your consent, such as obtaining a default judgment against the uncooperative spouse and the financial repercussions of prolonging the divorce process.
Finally, this article covers the potential implications of a spouse’s refusal to sign divorce papers and suggests alternative actions you can take to protect your legal rights.
The divorce topics discussed in this article include:
- Legal Implications of Not Signing Divorce Papers
- Financial Implications of Not Signing Divorce Papers
- Divorce Petition and Respondent Response
- Obtaining a Default Divorce Judgment
- Setting Aside a Divorce Judgment
- Divorce Law Procedures and Rights
- Common Misconceptions About Signing Divorce Papers
- Common Fears People Have When Signing Divorce Papers
- Divorce Mediation Option
- Wellness Considerations
Legal Implications of Not Signing Divorce Papers
What is a default judgment?
A default judgment can occur when one spouse (the petitioning spouse) files for divorce and the other spouse (the responding spouse) fails to respond or participate in the proceedings.
Should the petitioner succeed in obtaining a default judgment against the respondent, the court can finalize the divorce and decide on property division, child custody, spousal maintenance, and child support based solely on the petitioner’s terms.
Parties sometimes generally refer to this type of judgment as a default divorce
Courts disfavor delays caused by uncooperative spouses trying to game the divorce process. Divorce courts expect the parties to comply with the judicial process, file timely motions and responses, and follow the court’s local rules.
Process of Obtaining a Default Judgment
The petitioner must file a motion for default with the court to obtain a default judgment in a divorce action. The court will then set a hearing date. If the respondent still does not respond, the judge will typically grant the divorce based on the petitioner’s requests.
Consequences for the Respondent
The uncooperative spouse might be able to delay and frustrate the divorce process, but they won’t be able to stop it. The divorce process continues with or without the respondent’s participation or signature.
Should this happen, the responding spouse loses the right to contest the divorce terms, potentially resulting in unfavorable outcomes regarding asset division, child custody arrangements, and financial obligations.
Legal Tip
Impact of Delays on Both Parties
- Delays can increase emotional stress and legal costs for both parties.
- Delays prolong the uncertainty and can affect the mental, emotional, and physical well-being of everyone involved, including the children.
- When a spouse refuses to sign, the other party might find themselves in prolonged legal battles, which can be emotionally and financially draining.
Powers of The Court
When dealing with an uncooperative or obstructive respondent, the court may not only grant a default judgment in favor of the petitioner but can also issue enforcement orders to address the petitioner’s immediate needs while the divorce is pending.
Court orders can include:
- Contempt of Court Orders: Finding the respondent in contempt of court for failing to comply with the court’s orders can result in fines or other penalties.
- Writs of Execution Orders: The court can issue writs and temporary orders to enforce the respondent’s financial obligations, such as garnishing the respondent’s wages or seizing assets to satisfy support or property division orders.
- Child Custody and Visitation Orders: The court can issue interim orders regarding temporary custody and visitation arrangements to ensure the children’s best interests and welfare.
- Child Support Orders: Temporary child support payments to meet the children’s needs.
- Spousal Support Orders: Temporary spousal support (alimony) to assist the lower-earning spouse.
- Marital Home Orders: Orders regarding who will live in the marital home during the divorce process.
- Restraining Orders: Orders to prevent harassment or abuse by either party.
Michigan Divorce Attorney Goldman on when a spouse refuses to sign divorce papers:
Setting Aside the Default Judgement
Challenging the court’s prior rulings
The respondent may take defensive measures by motioning the court to set aside the default judgment.
The respondent must convince the court that there was a valid and justifiable reason for not responding to the petitioner’s divorce papers, such as by showing the petitioner used the wrong address when attempting to serve legal documents on the respondent.
While the court may find the reason the respondent failed to respond to the petitioner’s legal papers technically correct, the court also has the discretionary power to conclude that the respondent’s excuse was neither reasonable nor excusable under the circumstances.
Excusable Neglect
Common examples of excusable neglect
- Health or Medical Issues: The respondent suffered a serious and disabling accident, medical or health issues that prevented them from responding in a timely manner.
- Family Emergencies: A death of a family member that required you to attend and help prepare the funeral.
- Natural Disasters: Floods, earthquakes, or wildfires disrupted the respondent’s ability to sign the divorce papers.
- Mental Health Issues: The respondent was suffering from mental health issues, such as severe and disabling depression, that impaired the respondent’s ability to respond appropriately.
- Misunderstanding of Legal Requirements: The respondent did not understand the legal process. It should be noted that courts rarely accept this as a justifiable excuse.
Legal Tip
Prolonging The Divorce Process
Potential emotional consequences
A prolonged process due to refusal to sign divorce papers can exacerbate emotional strain for both parties. The extended uncertainty and conflict can lead to increased anxiety, panic, and stress, affecting overall mental health and well-being.
Prolonged stress can strain family relationships, particularly if children are involved. Stress can manifest in various ways, such as increased conflicts, reduced communication, and heightened anxiety among family members.
Both parties need to think about how dragging out the divorce process could affect everyone in the long run and work towards a solution that causes the least harm.
Dragging out the divorce not only keeps the emotional stress going but also ramps up legal fees and costs.
Potential Financial Consequences
Refusing to sign divorce papers can lead to higher legal expenses due to the extended process and additional court proceedings.
The longer the divorce process, the more legal fees both parties will incur. These increased legal costs can rapidly deplete financial resources, making your post-divorce financial condition more volatile and less stable.
5 Myths About Signing the Divorce Papers
Myth #1: Not Signing Will Stop the Divorce.
Reality: Many think they can stop the divorce by not signing the papers. But courts can and will grant a default judgment in the case of a belligerent spouse, which means the process will continue without your consent and often results in terms that are not in your favor.
Myth #2: Delaying Will Lead to Reconciliation.
Reality: Some think that delaying will lead to reconciliation. But that rarely happens. Instead, it just prolongs the emotional stress for both parties and makes everyone more resentful.
Myth #3: Signing Hurts Their Case.
Reality: Signing the papers doesn’t weaken your position. In fact, it shows cooperation, which can help with negotiations and court outcomes.
Myth #4: Signing Ends Negotiations.
Reality: Signing the papers doesn’t end negotiations. It’s the beginning of the process, and you can still seek modifications and settlements through mediation or court.
Myth #5: Signing Means It’s Over.
Reality: Signing the initial papers starts the divorce process but doesn’t finish it. There are multiple stages, negotiations, hearings, and potential reconciliation attempts.
Reasons People Fear Signing Divorce Papers
Fear: Losing Custody of Your Children
Reality: Fear of losing custody comes from the fear that the court will favor the other parent, especially if one feels unprepared or doesn’t trust the process. This fear is amplified by the intense emotional bond of your child and the desire to remain involved in their life.
Fear: Financial Uncertainty
Reality: People fear financial uncertainty because divorce means dividing assets and assigning debts. Not to mention alimony and child support. Fear of high legal fees and a big change to your lifestyle adds to the anxiety.
Fear: Unfair Division of Assets
Reality: People fear that signing will result in an unfair division of marital assets and debts, especially if they feel the other spouse has an advantage in negotiations or legal representation.
Fear: Being Uninformed and Unrepresented
Reality: Divorce can be overwhelming, and the fear of making uninformed and reckless decisions is justified. Without clear legal guidance, there is a big fear of not understanding your rights and options and ending up with unfavorable outcomes.
Frequently Asked Questions
Can I File a Petition for Dissolution of Marriage Without Getting My Spouse’s Consent?
Yes. You may file for divorce without your spouse’s consent, but doing so can create hostility and unnecessary drama.
Instead, consider speaking with your spouse about mediating a divorce rather than proceeding immediately with serving your spouse with divorce papers. Either way, consider obtaining legal advice to discuss your options – including the possibility of divorce counseling and mediation.
Can I proceed with the divorce if my partner cannot be located?
Yes. If your partner cannot be located, you may still proceed with the divorce through a process known as service by publication. You and your lawyer can consider other alternative service methods. If the case involves a runaway parent, You may need to hire a private investigator to locate your spouse
Bottom Line
- If you suspect you might be served with divorce papers, you don’t have to wait until you are served before consulting with a divorce lawyer. You will need to understand the law and your legal options.
- Ignoring the divorce process will not make it go away. Instead, it can lead to a contentious battle that can result in an unfavorable distribution of marital assets and liabilities.
- Refusing to sign divorce papers can also affect child custody and support arrangements. This could result in limited visitation rights or even a significant reduction in their time with the child.
- In addition to custody decisions, the respondent may be ordered to pay child support based on the petitioner’s terms, resulting in financial hardship for the respondent.
- Consider alternatives to refusing to consent to a divorce, such as agreeing to participate in a mediated divorce. Mediation is preferable to litigating your case in divorce court, especially if you have alienated the judge by demonstrating your unwillingness to comply with the court rules.
Legal Tip
