Attorneys are often asked whether a divorce can be finalized when one of the spouses does not sign the final papers.

Technically, the final decree requires the signatures of both spouses and the judge overseeing the divorce case to be considered final.

Yet as experienced family law attorneys must point out, there are times when the papers can be finalized without the signature of one of the spouses.

Read on to learn more about these circumstances and what a spouse’s options are for dealing with them!

What Happens If A Spouse Does Not Sign The Divorce Papers?

When one spouse files for divorce and the second either cannot be located or refuses to sign the divorce papers, family attorneys recognize this as a situation that could require some kind of court intervention.

For the divorce decree to be finalized by a judge, spouses and their attorneys must either go through the process as an uncontested divorce where both spouses negotiate on all required points including property dispersal or it could be filed as contested.

In a contested divorce or when a filing spouse seeks a default judgment due to their inability to serve the other spouse, the court must take a bigger role in terminating the marriage.

In either case, the filing spouse must demonstrate to the court why they wish to continue with the divorce, petitioning to have the court approve their suggested agreement so the judge will sign a final divorce decree.

What Can A Spouse Do If The Other Spouse Will Not Sign?

Once a divorce is considered contested due to a spouse’s refusal to sign the divorce papers, the filing spouse has three options to pursue the finalization of the divorce:

Seek A Default Judgment - If the filing spouse and their attorney can present a valid enough case to the family court and demonstrate that reasonable effort has been made to locate a missing spouse, the judge may issue a default judgment and sign the Decree, finalizing the divorce.
Mediation - If there is a possibility of working toward an agreement, family attorneys may suggest that the two spouses attend mediation to resolve disagreements until both spouses are willing to sign the divorce papers.
Court Trial - Both spouses and their attorneys appear in front of the family court so the judge can resolve disputes and finalize the divorce.

Is There Any Recourse For The Divorced Spouse?

Depending on the situation, spouses learning that a default judgment for divorce has been finalized without their knowledge or involvement do have some recourse if they act quickly.

Typically, spouses have thirty days from the issuance of the judgment to contest it by filing a motion for a new trial.

If the filing spouse lied about not being able to contact their spouse or if the judgment was sought through other questionable circumstances, a skilled attorney may be able to seek a new trial beyond the 30 days so that the divorced spouse can make their case.

In either instance, the spouse being divorced must act quickly in notifying the court of the problem and file paperwork seeking a new trial.

Consult With A Family Law Attorney About Divorce Conflicts

A smooth divorce requires both spouses to sign the divorce papers so the process can be finalized by the family court.

When one spouse refuses to sign or cannot be located, filing spouses and their attorneys may seek a default judgment, agree to mediation, or go to trial to get the divorce finalized.

If a spouse learns that they have been divorced without their knowing or they are served and wish to contest the divorce, they should consult with an experienced family attorney for guidance on how to proceed.

Family law attorneys are instrumental in protecting a spouse’s rights during the divorce process when the negotiations get complicated!