what if your spouse wont sign divorce papers

What Happens If Ex Won’t Sign the Divorce Papers?

Goldberg Jones Divorce Leave a Comment

An obstinate ex can cause a plethora of challenges during the divorce process. This often slows down the process, drags things out, and costs tons of additional money. But what happens if they flat out refuse to sign the Marital Settlement Agreement? What can you do if your ex won’t sign the divorce papers?

Refusing to sign the Marital Settlement Agreement occurs for a variety of reasons.

Regardless of why your ex won’t sign the divorce papers, the result is a significant delay in ending your marriage. The divorce isn’t final until there is a judgement.

What Is a Marital Settlement Agreement?

A marital settlement agreement is the document that lays out the specifics of any agreement a couple comes to in divorce.

This includes child custody, the division of property, spousal support, and more.

It goes by different names, depending on where you live. Most often we simply call it the divorce agreement.

How Do I Procure A Judgement?

There are three different routes to procuring a judgment: settlement, default, or trial.

  • A settlement is “the resolution of a lawsuit (or legal dispute prior to filing a complaint or petition) avoiding the need for trial or other litigation.”
  • Default occurs if your ex fails to respond to the action.
  • Finally, a judgment can be obtained by taking the divorce to trial.

If your ex refuses to sign the Marital Settlement Agreement, you will most likely face a trial.

Going to trial gest expensive and slows down the divorce process exponentially. It does, however, guarantee that a judgment is made and your divorce will become final.

If you are seeking a divorce and are facing a spouse that refuses to cooperate, you aren’t without options.

To begin the divorce process you need to file a petition with the appropriate court—usually with the family court.

Filing this petition only requires one signature, meaning you can initiate the divorce processes even if your ex refuses to cooperate.

Before filing the petition, the first step is to get accurate advice about your personal situation. It’s best to consult a professional or retain an experienced divorce lawyer.

Related Reading: Why Does Divorce Take So Long?

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