What can I do if my husband won't sign the divorce papers?

Divorces, even if desired by both parties, often get contentious. Where one party is resistant to the marriage dissolution, the process may stretch out longer than expected. If a resisting spouse decides not to sign the divorce papers, or if the non-petitioning divorce cannot be found to sign the papers, some states treat the divorce as uncontested. Additionally, some states allow the petitioning spouse to request to enter a default for the non-responding spouse.

Uncontested Divorce

The easiest divorce is one that is uncontested. In this case, both parties agree to all terms related to the divorce. These terms may include issues of spousal support and division of marital assets and debts. If an agreement has already been reached, all that needs to be done is to file the requisite paperwork and agreement with the court.

If your husband will not sign the divorce papers, you may wait to be assigned a court appearance date. If your husband does not appear in court on that date, your case proceeds similarly to how an uncontested divorce proceeds. If your husband does not respond or appear, the judge will issue a ruling based entirely on what is stated in your petition or proved to the court. By failing to appear, your husband loses the right to contest any subsequent divorce proceeding or decision regarding assets and debts division.

Request to Enter a Default

Some states, let you file a request to enter a default for the non-responding party. A request to enter a default is allowed when either spouse has been served and fails to respond within 30 days. It is also allowed when a spouse cannot be located for service.

If you have served your husband with the divorce petition and he has not responded to it within the statutory 30 days, you may file a request to enter a default. This will bar your husband from subsequently entering his own divorce case.

Talk with an experienced divorce attorney to discuss a default in a divorce case.