Yes, your spouse can refuse to sign the divorce papers, but refusing to sign the initial acknowledgment of the petition or a final divorce decree doesn’t stop the divorce process. These situations may call for a default divorce, which your Collin County divorce attorneys may recommend if your spouse refuses to cooperate. Texas divorce laws permit a no-fault divorce, meaning one spouse can file a petition for divorce without citing specific grounds.
So, what happens if one spouse fails to sign the divorce papers? There are a few scenarios that may occur; what happens in your situation will likely depend on why your spouse refused to sign.
What if my spouse refused to respond to the divorce petition?
To get divorced you must file a petition with the Collin County court. The first step should be to consult with a reputable divorce attorney, who can draft and file your petition to make sure it addresses all the necessary information to be presented before the court. You are the petitioner in court documents, and your spouse is the respondent.
In Texas, the respondent must file an answer by 10:00 a.m. on the Monday following 20 days after being served, even if the 20th day falls on a weekend or holiday
Failure to file an answer to papers served on you, including divorce papers, means that you default on the matter and lose the chance to present your side.
If your spouse defaults, your attorney can file a motion for default judgment. The court may issue a final divorce decree if it confirms your spouse was served correctly and failed to appear or respond. Now, your divorce decree will be determined by the judge, including awarding child possession, setting a child support amount based on Texas guidelines, which currently cap monthly net resources at $9,200 (subject to annual updates by the Office of the Attorney General).
You and your attorney can present your petition to the judge. There will be a hearing, and you’ll likely have to testify about your marriage, your rationale behind the terms you’re asking, and, if you have shared children, why your proposed custody arrangement is in your child’s best interest. The judge will rule, and after the 60-day waiting period, your divorce will be finalized.
Why do people refuse to sign divorce papers?
There are many reasons a spouse might fail to respond in the divorce legal process, often in the mistaken belief that doing so will delay or stop the proceedings. But that isn’t true under Texas law.
Sometimes, a spouse refuses to respond because they’re not emotionally ready to accept that the marriage is ending. One spouse might be ready to move forward while the other is still holding on. Even so, a Texas family law judge can finalize your divorce without the other party’s involvement.
Other times, a spouse may disagree with the terms in the original petition. If they file a response requesting different terms, your case becomes contested. In contested cases, mediation may be required before the court hears the matter. Divorce mediation gives both parties a chance to resolve disagreements with the help of a neutral third party before proceeding to trial.
In some cases, one spouse may refuse to cooperate and pursue litigation rather than an uncontested or negotiated outcome. While this can prolong the process, it does not prevent the court from granting the divorce.
What to do if your spouse won’t sign the divorce papers
If your spouse is refusing to cooperate, that doesn’t mean you’re stuck. Texas law provides a legal path forward, even without their signature. You don’t have to deal with a contested divorce alone.
If you’re planning to file for divorce, retaining skilled legal counsel is critical. At Albin Oldner Law, we’re on your side and ready to fight for your best interests. Call us today at (214) 423-5100 for a legal consultation.
