Can You Refuse To Sign Divorce Papers?

In some cases, one spouse may refuse to sign divorce papers because terms that have been set forth cannot be agreed upon. At this point, couples may choose to pursue a contested divorce. There are some other cases where one spouse simply fails to respond to the petition for divorce altogether. If one spouse refuses to either respond or sign divorce papers, there are a few options for couples, all outlined below.

Uncontested Vs Contested Divorce

If you and your spouse can work alongside each other and come to an agreement on all the matters in your divorce, you may be able to file for an uncontested divorce. An uncontested divorce is a more simple, quicker way to terminate your marriage than a conventional contested divorce. Each state has their own procedures for uncontested divorces.

In Arizona, a contested divorce means spouses cannot come to an agreement regarding one or more issues involved in terminating the marriage. Unless a settlement of these issues can be reached, a contested divorce will typically be brought to court to adjudicate the dispute

One other difference between the two is the degree in which the results are appealable. Because in an uncontested divorce each party both agree to the arrangement, the condition of the divorce cannot be appealed. Nevertheless, that doesn’t mean the parties are trapped with their agreement forever. If situations change dramatically and/or a certain time period has gone by, subject to your state you might be able to alter the agreement. Having said that, because the parties are making the decisions on their own, they’re more likely to be comfortable with the results of the proceedings.

What If You Fail To Respond To Petition?

One spouse who commences the divorce (known as the petitioner) starts by filing a formal request for marriage dissolution in court. The other spouse (known as the respondent) is then served with the petition and given a standard period of 20 days or so to officially respond. The respondent will be considered in “default” if failing to respond within the legal time period.

The divorce process can still proceed even if the respondent fails to provide a response. In these cases, the petitioner can request a default hearing in order to present their case to the judge.

When one party is in default, the court will assume he or she has no objections to the claims made by the petitioner. This includes matters directly related to child support, child custody, spousal maintenance, and property division. The respondent is essentially forfeiting their right to have a say in any of these important decisions.

Can A Spouse Refuse A Divorce?

Despite several attempts to avoid signing divorce papers, one spouse cannot block the other from ultimately getting divorced. Experienced attorneys can implement a range of strategies to effectively handle cases where one spouse refuses to sign the agreement. This can include the mediation process, designed to facilitate agreement between the two spouses outside of a court setting.

Source: 

1. 1. “What Happens If A Spouse Won’t Sign Divorce Papers?” Retrieved on October 21, 2025 from https://www.mckinleyirvin.com/family-law-blog/2024/april/what-happens-if-a-spouse-wont-sign-divorce-paper/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.