What Should I Do If My Spouse Refuses To Sign Divorce Papers 

Deciding to divorce is difficult. Sometimes, you may get lucky, and your partner will agree to everything you request, making it a relatively quick and painless process. Other times, it may be more challenging if you aren’t more or less on the same page as your spouse, as is often the case. It is not infrequent that Danielsen Westhoff receives calls from individuals who are incredulous at the fact that their partner simply will not agree to the divorce. This indicates that it may be time to secure a Broomfield divorce lawyer.

When Your Spouse Won’t Sign

You may hear the terms contested and non-contested divorces thrown around in your divorce process. A non-contested divorce means that the two parties are in agreement regarding every detail of the divorce. However, this is not the typical route. Divorce is more frequently contested in some way, whether it be the division of assets, alimony, or the divorce itself. When you file for a contested divorce, you will be labeled as the petitioner, and the other spouse will be the respondent. This is primarily to help the court organize the information. If your spouse refuses to sign the divorce papers, this will not prevent you from divorce. However, it will likely increase the cost and time for the divorce to be finalized.

Service

One of the first ways your divorce process is affected by your spouse’s refusal to sign the paperwork is the additional requirement of officially notifying your spouse. This may come with a small fee and can take additional time to serve your spouse and allow time to respond. Additionally, if they refuse to accept the notification by avoiding the process server or refusing to confirm their identity for them, it may take additional time to notify through publication.

Mediation

Mediation is a common step in the divorce process and is almost always attempted in a contested divorce. In mediation for a Colorado divorce, a third party will work with the individuals and their attorneys to determine a fair and equitable agreement between the parties. The time this requires can vary depending on the complexity of the situation and the cooperation of the parties involved. At the end of mediation, the goal is to have a plan to present to the judge that everyone is comfortable with. In most cases, the judge will likely agree with what is stated in the mediation plan.

Ongoing Refusal

If your spouse continues to ignore the papers and any attempts to notify them, this may lead to the divorce occurring even without their participation. Colorado is a no-fault divorce state, meaning one party only has to state that the marriage is irretrievably broken for the court to determine a valid reason for divorce. In Colorado, CRS 14-10-110 explains that one party’s declaration of irretrievable breakdown is generally enough for the court to accept it as fact.

Protecting Yourself

There may be situations in which a couple determines they don’t need an attorney to represent their interests in a divorce. However, this is a common mistake, especially if you and your spouse do not want the same things. If your spouse refuses to sign divorce papers, you should protect yourself by contacting an attorney. If your spouse is the one initiating the divorce, and you disagree, you should speak with an attorney to ensure you are not engaging in a way that is detrimental to your situation. Being proactive is the best way to protect yourself in a Colorado divorce.