When you make the difficult decision to file for divorce, you may want to get through this process as quickly as possible. However, when your spouse refuses to cooperate, it can result in a long, often drawn-out process that leaves you unsure of your legal options. As such, if your spouse refuses to sign the divorce papers, it’s in your best interest to continue reading to learn whether or not you can still proceed with the divorce, and the importance of working with a Monroe, Louisiana divorce lawyer to assist you through these complex legal matters.
Why Might a Spouse Refuse to Sign Divorce Papers?
Unfortunately, there are a number of reasons why a spouse may refuse to cooperate or sign divorce papers. One of the most common reasons is due to emotional issues, like denial or a firm belief that you will reconcile. When a spouse still strongly believes that you will reconcile, they may refuse to sign the papers because doing so will make the situation “real” in their eyes. As such, they may assume that holding out will give you the opportunity to reconsider your decision.
However, someone may refuse to sign the papers because they are angry or upset with their spouse’s decision to file for divorce. As such, they may refuse to cooperate out of spite, solely with the intention of making the divorce as difficult and drawn out as possible. This may be because they want to seek “revenge” for your decision to file.
Can the Courts Proceed Without a Spouse’s Cooperation?
When your spouse refuses service or to sign the divorce papers, you may be unsure of how to proceed. It’s important to understand that the court has measures in place to ensure that legal proceedings can continue, even if a spouse refuses to cooperate.
In the event your spouse refuses service, the court can order substituted service as an alternative option. In some cases, this includes publicly publishing an announcement of the divorce.
However, if your spouse has been successfully served with a copy of the divorce petition but refuses to sign and return it to the court, the court can proceed without their cooperation. Generally, when someone is served, they will have thirty-five days to submit a response to the court. Failure to do so can result in a default judgment. This is when the court hears matters on the divorce from only one party and issues a decision based on that information.
Trying to navigate a divorce when your spouse is uncooperative can be incredibly frustrating. That is why it’s in your best interest to connect with an experienced divorce attorney with Breithaupt, DuBos, & Wolleson, LLC, as soon as possible. Our firm understands how complex these matters can be, which is why we will do everything in our power to help you navigate these complicated times. Contact us today to learn how we can assist you.