Divorce can be an emotional and complicated process, depending on a couple’s unique situation. In some cases, couples amicably decide to go their separate ways and get an uncontested divorce with no major disagreements. However, there are many instances when the divorce process doesn’t go so smoothly. This is particularly true when one of the spouses is unwilling to cooperate and outright refuses to sign divorce documents.
What happens when a spouse simply won’t agree to the divorce and refuses to sign the divorce papers? In this article, we cover legal steps to take when a spouse refuses divorce and what happens when a partner won’t sign the necessary documents to end the marriage.
What Happens If a Spouse Won’t Sign?
Fortunately, when a spouse refuses to sign the divorce papers, it won’t necessarily stop the process. However, it does become extremely challenging and converts the divorce into a contested one rather than an uncontested divorce.
Let’s briefly talk about contested vs uncontested divorce in New York. An uncontested divorce occurs when both spouses agree on all critical issues, including the division of marital property, spousal support, child custody arrangements, etc. When both spouses agree, the process is commonly much easier and less expensive.
On the other hand, a divorce is contested when both parties cannot agree on one or more crucial matters. The unwillingness to sign divorce papers generally means that there is disagreement on certain aspects of the divorce — the division of assets, child custody, alimony, or other major considerations. The refusal to sign usually leads to further negotiation, mediation, or even litigation. A contested divorce involves discovery, evidence, and witnesses, and a divorce attorney is necessary to help navigate the process.
Can a Divorce Proceed Without a Signature?
You may be wondering, can you get divorced without the other person signing? The answer is yes, the divorce process continues even if one spouse refuses to sign the documents. Fortunately, the legal system doesn’t require the full cooperation of both spouses when it comes to dissolving a marriage. Regardless of the reason why, a spouse’s refusal to sign doesn’t mean the divorce can’t proceed. It simply turns the divorce into an uncontested to a contested divorce.
Is It Still Considered an Uncontested Divorce?
Simply put, if one spouse refuses to sign divorce documents, it is not an uncontested divorce.
An uncontested divorce involves agreement on all terms, which requires both parties’ signature to finalize the agreement. The lack of a party’s signature indicates failure of the agreement, and the court must intervene to rule on the undecided matters. The court will hear evidence and rule on contested issues.
Legal Steps When a Spouse Refuses Divorce
- Mediation — Mediation involves a structured forum for both spouses to negotiate with an unbiased third party. The goal of mediation is to reach a mutually agreeable settlement between the couple. When successful, mediation can greatly conserve costs and time spent in court.
- Consulting with an experienced divorce attorney — It is extremely important to contact a divorce lawyer to advocate on your behalf, advise you on your legal options, and ensure a fair and equitable outcome for both parties.
- Filing a motion with the court — If mediation is not successful, an attorney can file a motion with the court to urge the refusing spouse to cooperate or proceed with a contested divorce hearing.
- Documents are served — The spouse who is refusing divorce is formally served with court documents that describe the legal proceedings of the divorce.
- Contested divorce proceedings — The court will schedule a hearing. During the divorce proceedings, both parties present evidence, witnesses testify, and the judge makes a final determination on all aspects of the divorce, including those disputed by the uncooperative spouse.
How Long Does Divorce Take Then?
In uncontested cases, divorces can generally be finalized in a few short months. However, contested divorces can take much longer. When one spouse refuses to sign divorce documents and the divorce becomes contested, the timeline increases. A contested divorce can take a year or longer to become finalized.
When dealing with divorce — particularly contested divorces — having a skilled attorney standing up for your rights can make all the difference in achieving a favorable outcome. Contact Zelenitz, Shapiro & D’Agostino to help bring your divorce case to a successful ending so you can move forward.