What If My Spouse Won’t Sign the Divorce Papers?

You and your spouse reached a breaking point. You’re ready to file the divorce papers and move on. Yet now, your spouse is refusing to sign. It may feel like a dead end, but it isn’t. 

Here’s what you need to know:

• A spouse’s refusal does not prevent an Indiana divorce
• Divorce papers can be served even without cooperation
• Contested issues will be decided by the court if needed
• An attorney can keep your case moving toward a final order

At The Bellinger Law Office, we help clients with both contested and uncontested divorce cases. Whether your spouse has been uncooperative from the beginning or is suddenly digging in their heels, our attorney can assist you with this process.

Why One Spouse’s Refusal to Sign Does Not Prevent an Indiana Divorce

Indiana is a no-fault divorce state. As long as you meet the residency requirement (one spouse must have lived in Indiana for at least six months, and in the filing county for at least three months) and can state that the marriage is irretrievably broken, the court can and will proceed.

Your spouse can delay the process. Refuse to participate. Ignore the paperwork entirely. None of that stops the divorce from happening under no-fault grounds, however.

How Divorce Papers Can Be Served When a Spouse Will Not Cooperate

Filing the divorce petition is just step one. Your spouse must also be formally notified of the filing, a legal requirement called service of process. Service may be completed in several ways:

• Certified mail sent to your spouse’s residence or place of employment
• Personal delivery by a process server or law enforcement
• Leaving a copy at your spouse’s usual place of residence

If your spouse refuses to accept service or cannot be located, your attorney can petition the court for alternative service methods. An unresponsive spouse does not get to opt out of this process, and if they do not respond in time to being served, the judge may enter a default judgment in your case.

“Default Judgment” in Divorce

When a spouse refuses to engage, the divorce may be finalized by default. That means a judge will make the final determinations in your case without your spouse’s input. The court will not wait indefinitely for a reluctant spouse to participate. If your spouse fails to respond after being properly served, the judge can enter a default judgment in your favor at the end of the mandatory 60-day waiting period.

You Don’t Have to Wait for Agreement

A refusal to sign is more of a stall tactic than a veto in a divorce. Indiana law gives you the ability to move forward with a divorce regardless of what your spouse chooses to do. As in many legal matters, the key is having knowledgeable counsel on your side from the start. At The Bellinger Law Office, Attorney Robert Bellinger has guided Fort Wayne clients through all kinds of divorce cases since 2006. He listens before explaining your available options and working to move your case forward, with or without your spouse’s cooperation.

If you need to start or finalize a divorce under difficult circumstances, contact The Bellinger Law Office today to discuss your situation and your next steps.