If you’re facing a divorce, you may wonder what will happen if you don’t sign the divorce papers. The answer relies on a few factors, including whether your spouse has filed for divorce and whether your state requires both spouses’ signatures on divorce documents.
Who Needs to Sign the Divorce Papers?
If your spouse has applied for divorce and you don’t want the divorce to happen, you may be able to stop the divorce by refusing to sign the divorce papers. In some states, both spouses must sign the divorce papers for the divorce to be final. In other states, only the spouse who files for divorce must sign the documents.
The divorce will likely proceed if your spouse has filed for divorce and you don’t sign the papers. Your spouse may be able to get a divorce without your signature by serving you with divorce papers and proving that you were served. Once you’re filled with divorce papers, you’ll have a limited time to respond. If you don’t respond, your spouse may be able to get a default divorce, which means that the divorce will be granted without your input.
If you sign the divorce papers, you’re indicating that you agree to the divorce terms. You may be called to sign a settlement agreement, which is a contract between you and your spouse that explains the duration of your divorce, such as child custody, visitation, child support, spousal maintenance, and property division. Once you sign the settlement agreement, it’s binding, so it’s essential to make sure that you understand all of the conditions before you sign.
If you and your spouse can’t agree on the divorce terms, you’ll need to court and let a judge decide.
What Happens If You Don’t Sign Divorce Papers?
A divorce petition must be filed and served to the other spouse before a divorce can commence. Once this happens, if you do not sign the divorce papers, the divorce still may be granted, albeit without your participation or agreement based on Requesting Default Judgment.
Avoidance
First of all, what you should do if you have been served with divorce papers and do not want the divorce to happen is to try and avoid being served.
Once you are served, you only have a limited time to respond before a default divorce may be granted. Once you are performed, the process has started, and there is no going back, so if you want to avoid the divorce, ensure you are not served.
Publication
Another method of avoiding divorce is what is called publication. This occurs when one spouse cannot find the other and, therefore, has the divorce paperwork published in a local newspaper. The thinking behind this is that by posting the divorce notice, the missing spouse will eventually see it and respond.
If you do not want the divorce to happen and your spouse uses this method of publication, be sure to maintain an eye out for the notice in the paper so that you can take action and respond accordingly.
Filing a Motion to Dismiss
If you have already been served with divorce papers and want to stop the divorce from happening, you can file a motion to dismiss. This essentially halts the proceedings and gives you more time to try and work things out with your spouse or figure out what you want to do.
It is important to note that a motion to dismiss is different than not responding to the divorce petition altogether. If you do not reply to the petition, a default divorce may be granted, which is not what you want.
A dismissive motion essentially pauses the proceedings and gives you time to determine your next steps.
Final Words
A smooth implementation of divorce proceedings requires both spouses’ compliance, but what happens if you don’t sign divorce papers? Technically, the divorce can still push through as your spouse may be able to obtain a default divorce. However, this would mean that the divorce terms are decided without your input.
Suppose you want to be a part of the decision-making process or prevent the divorce from happening altogether. In that case, there are specific actions you can take, such as avoiding service, filing a motion to dismiss, or responding to the petition. Publishing the notice is also an option if your spouse cannot find you.
It is important to note that each situation is unique, so it is best to consult with a lawyer to figure out the best course of action for you.
Elena graduated from Loyola Law School in Los Angeles. While in law school, she interned for the ACLU of Southern California. After graduation, Elena worked as a civil rights attorney for the ACLU of Northern California. She has experience in a variety of legal fields, including family law, personal injury, and criminal defense.
She is passionate about fighting for the rights of all people. She believes that everyone deserves to be treated fairly and with respect. All the possible efforts are being done by her to ensure that everyone has access to justice.