The fastest and most private divorces typically require cooperation. Spouses agree to settle matters outside of court by working together or adhering to the terms set in a prenuptial agreement instead of fighting during the divorce proceedings.
Occasionally, divorce can become a very contentious and protracted process if one spouse fights the other at every possible turn. Spouses may disagree about how to divide their property or how to address parental rights and responsibilities. Sometimes, they even end up fighting over whether the divorce is actually necessary.
Can one spouse effectively force the other to continue their marriage by refusing to sign divorce paperwork?
Either spouse can choose to end the marriage
Marriage is a legal agreement that requires the continual consent of both parties. If one spouse chooses to file for divorce, the other generally cannot prevent them from doing so. State statutes allow for no-fault divorces.
If either spouse can assert that there has been a significant breakdown of the marital relationship in family court, that is sufficient justification to pursue a divorce. The filing spouse must propose terms regarding property division, financial support and parenting matters. They must follow state rules regarding the service of their spouse with that paperwork.
If the other spouse does not respond and refuses to participate, the divorce can move forward without their input. After completing the 91-day waiting period required by law, the filing spouse can ask the courts to proceed with a judgment issued on the basis of the other spouse’s default. Their failure to participate or respond does not prevent the divorce from moving forward.
That being said, divorces granted by default are sometimes subject to legal complications later. The uninvolved spouse may take legal action asserting an unfair outcome or a violation of their rights under the law.
Therefore, those expecting a spouse to contest a divorce or refuse to sign may need assistance throughout the process. The representation of a family law attorney allows the filing spouse to carefully comply with the law in all matters and to limit their risk of future legal controversy related to the divorce.
People worried that their spouses may try to deny them divorces may want to discuss that concern with an attorney before bringing up the idea of divorce to their spouses. Preparing in advance can increase the chances of a successful divorce and minimize the risk of future legal disputes related to a default judgment.