What Happens If My Spouse Will Not Sign the Divorce Papers?~3 min read

If your spouse refuses to sign the divorce papers, your divorce can still move forward. Texas law allows you to continue the process even without their cooperation. You may need to complete extra steps, but you are not stuck in the marriage just because your spouse does not respond or cooperate.

Your Spouse Cannot Stop the Divorce

When you decide your marriage is over, you do not need your spouse’s agreement to end it. In Texas, a divorce can proceed even if only one of you wants it. If your spouse refuses to sign paperwork or avoids participating, the court can still grant the divorce after proper notice and waiting periods. Their refusal may slow the process, but it does not stop it.

When a Spouse Will Not Respond

If your spouse ignores the divorce filing and refuses to respond, you can request a default judgment. This means the judge can move forward based on your filings and the evidence you provide. You will still need to follow legal requirements for service and timing, but silence from your spouse does not give them power to block your divorce.

When a Spouse Refuses to Agree on Terms

Sometimes a spouse will participate but will not agree to fair terms. In this situation, the case may move toward hearings or a trial, where the court will make decisions about property, finances, and parenting. You can still pursue settlement options, including mediation, but if cooperation is not possible, the judge will decide.

Protecting Yourself During the Process

A spouse who refuses to sign may also try to delay or create friction. You can protect yourself by keeping good records, following court deadlines, and seeking legal support. With the right guidance, you can keep your case moving and protect what matters most to you.

Contact Springer & Lyle

If your spouse will not cooperate or respond, Springer & Lyle can provide clear guidance and help protect your interests throughout the divorce process. Contact Daniel Abasolo at 940-387-0404 or contact us online to schedule a consultation and learn how we can assist you.

Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.

Frequently Asked Questions

What if I cannot find my spouse to serve the divorce papers?
Texas law allows alternative service methods with court approval, such as service by publication or posting, if traditional service is not possible.

How long will a default divorce take?
Timelines vary, but Texas requires a minimum 60-day waiting period. If your spouse does not respond, your case may move more quickly once that period ends.

Will refusing to sign affect property division?
Refusal to sign does not give your spouse an advantage. The judge will make decisions based on facts and fairness.

Can my spouse delay the divorce forever?
No. They may cause delays, but they cannot prevent the divorce from being finalized. Courts have procedures to move the case forward even without cooperation.