What Happens if My Spouse Will Not Sign the Divorce Papers?

Facing a spouse who refuses to sign divorce papers can feel like hitting a wall when you are ready to move forward with your life. Many people assume that both parties must agree to end a marriage, but Arkansas law provides pathways for divorces to proceed even when one spouse will not cooperate. While having both signatures makes the process simpler, a refusal to sign does not mean you will remain married forever.  

Can I Get Divorced if My Spouse Refuses to Sign?

Yes, you can still obtain a divorce even when your spouse refuses to sign papers. This allows for “contested” divorces, which means only one spouse needs to file for the marriage to be legally dissolved. The court does not require mutual agreement to grant a divorce. After proper service of papers and sufficient time has passed, the divorce can move forward through the legal system regardless of whether your spouse participates in the proceedings.

What Happens After I File for Divorce?

After filing, your spouse must be formally served with divorce papers. This legal notification gives them a specific timeframe to respond, typically 30 days in Arkansas. Service must follow legal procedures, often through a sheriff or professional process server. Once served, your spouse has the opportunity to file a response with the court. If they choose not to respond within the deadline, they forfeit their right to contest the terms you have proposed.

What Is a Default Divorce?

A “default” divorce occurs when one spouse fails to respond to divorce papers within the required timeframe. After the response period expires, the filing spouse can request that the court enter a “default judgment.” This means the court will grant the divorce based on the terms the filing spouse requested. The judge will review the proposed settlement to verify it meets legal standards before issuing a “final decree,” which legally ends the marriage.

Will My Spouse Get Another Chance to Respond?

Courts provide some protection against unfair default judgments. A spouse who was properly served but failed to respond may file a motion to set aside the default under certain circumstances. Valid reasons include not receiving proper notice despite service attempts or having a legitimate emergency that prevented response. However, simply changing their mind or disagreeing with the outcome generally will not convince a court to reopen a case where proper procedures were followed.

How Long Does a Contested Divorce Take?

Timeline varies significantly based on how actively your spouse “contests” the divorce. An “uncontested” divorce, where no response is filed, might finalize in three to four months. When your spouse files a response and disputes terms regarding property division, child custody, or support, the process can extend to a year or longer. Court schedules, the number of contested issues, and whether the case goes to trial all affect how quickly your divorce will conclude.

What if We Have Been Living Apart?

When spouses have lived apart from each other for 18 consecutive months, a court can grant a divorce decree, whether the separation was voluntary or agreed upon by both parties.  

Can My Spouse Delay the Divorce Indefinitely?

No spouse can prevent a divorce indefinitely, although they can slow the process. While filing motions and raising issues extends timelines, judges recognize delay tactics and can impose sanctions or deadlines. Arkansas courts have the authority to move cases forward even when one party remains uncooperative. Eventually, the court will grant the divorce and make decisions about property, custody, and support based on available evidence.

An Experienced Washington County Divorce Lawyer at Wilmoth Law Firm Stands Ready to Move Your Divorce Case Forward

When spouses will not sign divorce papers, a seasoned Washington County divorce lawyer at Wilmoth Law Firm will step up to the challenge. For a free consultation, call today at 479-443-8080 or complete our online form. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.