What Do I Do When My Spouse Won’t Sign the Divorce Papers?

In some cases, one spouse may decide marriage is over before the other spouse is prepared to sign off on a divorce. Some spouses believe they can stall or prevent a divorce simply by refusing to sign the necessary paperwork.

Although this complicates divorce proceedings, not signing divorce papers isn’t enough to stop a divorce in its tracks. There are specific procedures under Michigan law that allow one spouse to go through with a divorce even when their partner will not sign the papers.

The divorce law attorneys of Alward Fisher are here to discuss some common questions that come up when one spouse refuses to sign divorce papers in Michigan.

Can You Still Get a Divorce If Your Spouse Won’t Sign?

If you want a legal end to your marriage, your spouse cannot prevent you from getting a divorce simply by refusing to sign the papers. You will likely need to jump through a few more hoops, but Michigan’s procedure for default divorces will allow you to press on.

Does My Spouse Need to Sign the Divorce Papers for It to Be Finalized?

Although state courts do everything they can to avoid one-sided divorce cases, judges recognize that some spouses have little choice but to push the divorce through on their own. As a result, you do not always need a signature from your spouse to finalize a divorce in Michigan.

However, once you realize you will not have your spouse’s cooperation in your divorce case, it’s best to contact an experienced divorce attorney as soon as possible. A lawyer will know the relevant requirements and restrictions that come with a default divorce. They can help you ensure your divorce petition is effective and error-free.

What Steps Should I Take If My Spouse Is Unwilling to Get Divorced?

If you know you want to go through with divorce but your spouse continues to push back, you can take steps to pursue a default divorce. To do so, you must go through the following steps:

• Have the divorce petition delivered to your spouse through a process server or alternative method
• If you’re not able to locate your spouse to send them the petition, ask the court for permission to publish the notice in a newspaper or other publication
• Wait for the standard time to pass to request a default judgment, which gives your spouse 21 to 28 days from the day you served the papers to respond
• Observe a waiting period of 60 to 180 days, depending on whether you and your spouse have children together, for the court to finalize the divorce

Do I Need a Divorce Lawyer If My Spouse Refuses to Sign?

You may not always need an attorney to help with an uncontested, amicable divorce in Michigan. For most divorces, however, it’s best to hire an attorney to represent your interests because:

• Your attorney can provide expert, customized advice
• Your lawyer can reduce the amount of stress you have to deal with
• A lawyer can help you avoid mistakes that could cost you time or money
• Your lawyer can help you avoid delays and get your paperwork filed on time

It’s even more crucial to have an attorney’s support in a contested divorce. There are specific considerations to review and procedures that must be followed to finalize a divorce without your spouse’s signature.

Talk to Our Experienced Divorce Lawyers in Traverse City, MI Today

If you are considering a divorce in Traverse City, MI, contact the knowledgeable divorce attorneys of Alward Fisher today. We can discuss the details of your divorce case and provide dependable legal advice in a free initial case review.