What Happens If Your Spouse Refuses to Sign Divorce Papers?

Divorce is difficult enough when both parties agree that it is the right decision for them and fully comply with the legal process. However, there are situations where one spouse will refuse to comply with the divorce process. If you’re dealing with an uncooperative spouse in Massachusetts, you might wonder if you can still get divorced- and the answer is yes. Here’s everything you need to know about moving forward when your soon-to-be ex won’t comply with the process.

Why Might a Spouse Refuse to Sign the Divorce Papers?

There are several reasons why a spouse might refuse to sign divorce papers, including:

• Denial or hope for reconciliation: One spouse may struggle to accept that the marriage is over and hold out hope for getting back together.
• Control or revenge: Some spouses use delay tactics as a form of control, trying to make the divorce as difficult as possible.
• Financial Concerns: A spouse may refuse to sign in hopes of negotiating a better financial settlement or avoiding support obligations.
• Disputes Over Terms: Disagreements about property division, child custody, alimony, or support can lead to stalling.
• Legal Strategy:  In some cases, a spouse might delay the process to hide assets or gain a strategic advantage.

Regardless of the reason, a refusal to sign doesn’t mean you’re stuck in the marriage. Massachusetts law provides ways to move forward with your divorce.

What Is the Divorce Process Like In Massachusetts?

Every divorce is unique due to the specific circumstances and individuals involved. However, the divorce process in Massachusetts generally follows a common path. It begins with one spouse (the “plaintiff” or “petitioner”) filing a divorce petition with the court, stating the reason for the divorce—either a no-fault or fault-based reason. The other spouse (the “defendant” or “respondent”) is then served with the divorce papers by a sheriff or process server (such as a constable) and must officially acknowledge receipt. The respondent has 20 days to respond, either agreeing with or challenging the petition. If necessary, either party can request temporary orders during the process to address immediate issues, such as custody arrangements, spousal support, or use of the marital home.

The next step is discovery, where both parties exchange essential information, including financial documents and details about assets and debts, to help determine support and property division. At the same time, negotiation to reach a settlement will begin, allowing the spouses and their attorneys to settle issues like asset division, alimony, child support, and custody without going to trial. If an agreement cannot be reached and there are irreconcilable disputes on the divorce, the case proceeds to trial where each side presents evidence and arguments. A judge will make the final decisions on property division, custody, and support. Once the judge approves the agreement or issues a ruling, they issue a final divorce decree, officially ending the marriage and outlining the terms for property division, custody, and support. Most cases will reach a settlement and not get to the point of trial.

What Can I Do About My Non-Compliant Spouse?

While this situation is certainly frustrating and can complicate the process, you can get divorced, even if there is high conflict.

The first step is to make sure that your spouse gets the divorce papers. Once the court issues the divorce papers (containing the summons and copies of any complaints and hearing notices), you must send them to your spouse. This is where a process server is important – process servers will make good faith attempts to serve your soon-to-be-ex, and even if they refuse to accept the service, the process server will sign an affidavit confirming that the service was made. It is a requirement in Massachusetts to provide service through a constable or the Sheriff’s Civil Process Unit.

Though not typical, your spouse might try to evade being served to drag out the process. The process server will document attempts to serve your soon-to-be-ex, and if they are unable to make service after good faith efforts, you can file a motion with the court for service by alternative means such as publication in the newspaper or even service through social media like Facebook.

When your spouse is served with a copy of the complaint and the summons, the clock starts to tick. The court will schedule what’s called the “Pre-Trial Conference” to discuss the status of the divorce and whether or not the parties have reached an agreement. To allow ample time for negotiations and discovery, as well as to work through the court’s backlog, the pre-trial conference may not occur for 6 to 9 months (in some cases, longer). All parties will receive their own copy of the hearing dates and times, and if your soon-to-be-ex doesn’t show up, they will not have an opportunity to present their argument or why their interests should be protected.

If your spouse refuses to respond to any of the served complaints or attend any of the required proceedings, a motion for default judgment can be filed along with a proposed judgment of divorce. A default judgment assumes that the non-responsive party agrees to the terms proposed by the spouse who filed the complaint.

Default judgments are not a shortcut to a final outcome but rather a mechanism that ensures the divorce proceeds and requires due diligence. If a default judgment is considered, the non-responsive party can petition the court to set the default judgment aside if they can show good cause as to why they could not respond (such as severe incapacitation or failure to be properly served). You cannot try and game the system by improperly serving your soon-to-be-ex and then claiming they were non-responsive.

Contact an Experienced Massachusetts Divorce Lawyer

If your soon-to-be ex refuses to sign divorce papers, you still have options. While an uncooperative spouse can cause delays, they cannot prevent the divorce from happening. By understanding the legal process, you can ensure that your divorce proceeds even without your spouse’s consent. If you are facing a difficult divorce situation, speaking with an experienced Massachusetts divorce lawyer can provide the guidance needed to protect your rights and achieve a fair resolution.