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Your Spouse Won’t Sign the Divorce Papers. What Should You Do? 
16 Jul, 2024

Your Spouse Won’t Sign the Divorce Papers. What Should You Do? 

Getting a divorce is never easy, especially when your spouse takes a hostile position by refusing to sign the divorce papers. The refusal can make an emotionally charged situation even more challenging for the spouse who wishes to file. The good news is that there are things you can do to speed up the process and move forward with your life, even when your spouse is fighting the inevitable. Consulting experienced family lawyers, who understand the legal procedures involved in divorce cases, might be your best bet for navigating such situations. 

A qualified divorce attorney will have advice and guidance on taking necessary legal action if needed, helping you make headway toward resolving this difficult time in your life. Here are some tips on dealing with a spouse who refuses to sign divorce papers when you are ready to move on with your life. 

Ask yourself, why isn’t your spouse signing?

Knowing why your spouse refuses to sign the divorce papers is a crucial first step in ensuring that both parties are represented fairly. Are they still hoping to salvage the marriage? Are they not dealing with the emotional toll well? Are they resisting signing out of spite?

If your spouse is using this refusal as leverage against you, for example, they are trying to negotiate more significant assets or custody of children – you should not give in. It would help if you had a professional opinion on how best to desire proceedings and ensure rights are respected, and justice is done for both parties.

One of the most challenging scenarios is when a partner refuses to sign divorce papers, despite a turbulent marriage, out of hostility. Although emotionally draining, in the eyes of the court, acting purposefully difficult may work out in your favor.  

If a spouse won’t sign, can you still get a divorce?

If your spouse has refused to sign the divorce papers, you may feel uncertain about how to proceed. The good news is that most states, including Illinois, are “no-fault” states – so you don’t need to prove fault to file for divorce. Your attorney will help you to file a Petition for Dissolution of Marriage with the courts. 

After the paperwork is filed, a process server will then deliver it to your spouse, who will have 20 days to respond before any other court proceedings continue. Although it is undeniably difficult when a spouse refuses to cooperate, remember that this action cannot prevent you from filing for divorce and concluding your marriage as soon as all court requirements have been met.

Contact a divorce attorney today to help with your divorce proceeding.

Divorce proceedings can be complicated and stressful, but it shouldn’t always be that way. With guidance from the team at SLG Law, you can navigate the divorce process in an orderly manner and get the results you need. Our experienced attorneys are committed to providing expert advice and helping you locate a resolution that works for all parties involved, even if your spouse initially refused to sign the documents. 

By scheduling a free initial consultation with us, we can better understand your situation and provide step-by-step instructions on how to proceed to secure your desired outcome. Don’t face this stressful period alone; contact SLG Law today!



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