A common issue that divorce attorneys see experienced by spouses filing for divorce is a receiving spouse who refuses to sign the served papers.
To get the process going, one spouse usually serves papers and the other spouse signs them to confirm receipt and state their intent on how they wish to proceed with the divorce.
When they refuse to sign outright or ignore the petition, the case for divorce lawyers and their clients can get a little more complicated.
Yet unsigned papers do not mean the divorce can’t happen; it simply means that clients of a Texas divorce law firm must work with their lawyer to reach some other type of agreement to get the issue finalized.
Why Do Spouses Refuse To Sign Divorce Papers?
There are a number of reasons why spouses who are served divorce papers by their spouse and the spouse’s divorce attorney may not sign them.
Most commonly, it is because they believe their relationship can still be saved.
Divorce lawyers also find that some spouses believe that by refusing to sign, they can stop the process from happening for whatever their reason is for not wanting to end their marriage.
Also, some spouses will refuse to sign if they disagree with the terms written in the petition or as a way to slow the process down and fight it.
Fortunately for Texas residents, none of these things can prevent someone from ending a marriage if they no longer wish to be in it.
When one spouse wishes to divorce, a divorce law firm experienced with non-signing spouses can help them through the process of filing a contested divorce.
What happens next will depend on the non-agreeing spouse’s willingness to work together toward some kind of resolution.
What Options Do Filing Spouses Have?
When spouses and divorce attorneys file a contested divorce, there are three options for getting the agreement finalized:
- Default Judgment - When a served spouse ignores divorce papers and essentially refuses to participate in any way, their failure to recognize the request for divorce, even with a statement of disagreement, can be viewed as their participation. After the 60-day wait period as required by Texas law, a filing spouse and their divorce lawyers, after having received no contact at all from the receiving spouse, may seek a default judgment from the family court to finalize the divorce. In most cases, that judgment will be granted.
- Mediation or Legal Negotiation - When a spouse refuses to sign but there is contact, serving spouses and attorneys can enter into negotiations with them if they are willing or even enter into mediation with a neutral third party.
- Go To Trial - When a spouse has stated their disagreement with the request to divorce and they also refuse mediation or any type of legal negotiation, the final option that clients of divorce law firms have is to advance their case to the family court. Then their spouse will be required to participate in the proceedings as a judge hears the case and makes a judgment.
Seek Experienced Help When Spouses Refuses Divorce Papers
The best circumstance for any divorce is one in which both spouses agree that no longer being married is in both their best interests and cooperate with divorce attorneys as well as each other.
When one spouse refuses to cooperate, it can make the process more challenging, time-consuming, and expensive.
Still, divorce lawyers can help their clients get the approval they seek with the filing of a contested divorce.
Knowing this, spouses who might think to refuse acknowledgment of divorce papers might think again for their own good, so they can play an active part in the decision-making process.
Working with a reliable and experienced local divorce law firm, almost any Texas resident can get divorced even if their spouse tries to stop it by refusing to sign the papers.
