What Happens If Your Spouse Refuses To Sign Divorce Papers

Divorce can feel daunting, and it becomes more expensive and time-consuming when your spouse refuses to sign divorce papers for an uncontested approach. However, our state law protects your right to end a marriage even if your spouse will not cooperate.

Lincoln & Wenk, PLLC’s divorce attorneys in Phoenix, Arizona, explain below the uncontested divorce process and then explore how that process changes when your spouse refuses to sign the necessary paperwork to move the case forward to completion.

Let’s Start With Arizona’s Uncontested Divorce Process

An uncontested divorce (sometimes called a consent divorce or summary consent dissolution) is the simplest way to end a marriage. It requires that you and your spouse agree on every issue before or shortly after filing. Of course, cooperation allows you to avoid drawn-out hearings, unknown expenses, and longer-term stress.

Meet Arizona’s Requirements First

Before you can file, confirm that you meet Arizona’s legal prerequisites. One spouse must have lived in Arizona for at least 90 days before the petition is filed. You must also state that the marriage is broken, with no reasonable chance for reconciliation. Arizona is a no-fault divorce state, so the law does not require you to allege or prove wrongdoing like adultery or abuse.

However, if you are in a covenant marriage, special rules apply. A covenant marriage requires specific grounds for dissolution, such as abandonment or domestic violence, and usually involves counseling requirements. The majority of marriages in Arizona are not covenant marriages, but you should verify this before filing.

Reach Agreements on Major Issues

The key to an uncontested divorce is agreement. Before filing, you and your spouse work out solutions for every major topic, including:

• Division of community property and debts
• Spousal maintenance, if one partner needs financial support
• Parenting plan for any minor children you have together for legal decision making and parenting time
• Child support calculations under state guidelines
• Name changes, insurance coverage, and retirement account division

These agreements form the basis for the settlement documents you will submit to the court. If children are involved, the parenting plan must follow the “best interests of the child” standard. The state provides worksheets to calculate child support.

File the Petition and Serve Your Spouse

Once agreements are ready, you file a Petition for Dissolution of Marriage with the Superior Court in your county. This filing starts the case. The filing automatically creates a preliminary injunction that freezes certain financial actions, such as selling property or changing insurance, pending the outcome of the case.

After filing, you must legally serve your spouse. Service options include:

• Having them sign an Acceptance of Service before a notary
• Using a process server or sheriff to hand-deliver the papers
• Sending everything by certified mail in approved situations
• Publishing a notice in a newspaper if your spouse cannot be located after an honest and diligent search

Your spouse then has 20 days to respond if served in Arizona, or 30 days if served outside the state. Proper service is crucial. Without it, the court cannot move your case forward.

Exchange Financial Disclosures and Attend Parenting Class

Arizona law requires both parties to exchange certain mandatory disclosures. These include income statements, property lists, and debt information. Exchanging accurate disclosures ensures fair division of property and proper calculation of support.

If you have minor children, you and your spouse must complete a court-approved Parent Education Program. This class explores the impact of divorce on children and provides strategies for minimizing conflict. Completing it early prevents delays later.

Submit Your Consent Decree Package

Once everything is signed and the disclosures are exchanged, you submit a complete consent decree package to the court. This package usually contains:

• Property settlement agreement
• Parenting plan and child support worksheet (if applicable)
• Spousal maintenance worksheet (if applicable)
• Consent Decree signed and notarized by both spouses
• Any required exhibits, such as wage assignments or retirement account distribution orders

The judge reviews the documents to ensure they comply with Arizona law and meet the standards of fairness. If the filings are compliant, the court will sign the decree without requiring a hearing in many cases.

Wait for the 60-Day Cooling-Off Period

Arizona law imposes a mandatory 60-day waiting period after service or acceptance before the court can finalize the divorce. This period cannot be waived, even if you and your spouse agree on everything. After day 60, the judge may sign the Consent Decree, officially dissolving your marriage.

An uncontested divorce typically concludes within 60 to 120 days, making it the fastest and least expensive option. However, full cooperation is required at every step. When cooperation breaks down, the process changes.

What Happens When Your Spouse Refuses To Sign Divorce Papers?

Refusal to sign is frustrating but not fatal to your case. Arizona law does not allow a spouse to veto a divorce by withholding a signature. Instead, the process moves into default or contested territory, depending on how your spouse behaves.

When Your Spouse Ignores the Case

If your spouse refuses to respond after being served, you may pursue a default divorce. This path involves several steps:

• Wait until the 20- or 30-day response deadline expires.
• File an Application and Affidavit for Entry of Default with the court and mail a copy to your spouse.
• Wait 10 additional court business days. If your spouse still does nothing, the court can enter a default finding.
• After the 60-day waiting period has run, request a default hearing or submit a motion for default decree without a hearing.
• Present testimony and evidence to show the court that your requests are fair and meet legal standards.
• At the end of this process, the judge can issue a Default Decree of Dissolution. Your spouse’s signature is not required. The judge can grant the property division, parenting plan, and support you proposed if the court finds they are reasonable and consistent with Arizona law.

When Your Spouse Contests the Case

Sometimes a spouse refuses to sign because they disagree with the proposed terms. In this situation, they file a formal response, and the case becomes contested. The court then becomes more involved in guiding the case.

You can expect the court to schedule a resolution conference or mediation to see whether an agreement is possible. If disputes persist, the judge may issue temporary orders that cover parenting time, child support, or spousal maintenance while the case proceeds. Both parties exchange more detailed financial disclosures and may conduct discovery to gather evidence.

Without a settlement, the case moves toward trial. At trial, each side presents testimony and exhibits, and the judge decides every disputed issue. The court follows Arizona law regarding the equitable division of property, the best interests of the children, and support guidelines. Although a contested divorce takes longer and costs more, it still ends with a Decree of Dissolution even without your spouse’s signature on a joint agreement.

Key Differences Between Agreed and Contested Divorces

Going through an uncontested divorce is very different from a case where your spouse refuses to sign. In an agreed case, you and your spouse control the outcome, and the timeline is relatively short. Costs remain lower because hearings are minimal and legal expenses are much more predictable.

When your spouse refuses to sign, the timeline stretches as you complete default steps or prepare for hearings. You gain more control if the spouse does nothing because you propose the terms in your default package. If your spouse contests, you lose some control because the judge decides the disputed issues.

Practical Tips for Handling Contested Divorce Situations

When dealing with the divorce process without your spouse’s signature, consider these tips to keep things moving:

• Start the process anyway: Filing begins the 60-day clock and shows your spouse you are serious about moving forward.
• Offer a reasonable proposal: Sometimes refusal softens when the spouse sees a fair and well-documented plan.
• Use mediation strategically: Mediation, even before filing, often resolves disputes more quickly and at a lower cost than a trial.
• Document every step: Keep copies of service papers, financial disclosures, and communication attempts.
• Stay child-focused: Courts look more favorably on parents who prioritize children’s well-being during disputes.

Taking these steps demonstrates to the court that you are acting responsibly and increases your chances of a smooth resolution.

Contact Lincoln & Wenk, PLLC, To Move Forward With Confidence

You still have options if your partner refuses to sign divorce paperwork. Arizona courts emphasize efficiency and fairness, so if your spouse won’t sign divorce papers, you are not trapped in a marriage. By filing promptly, meeting deadlines, and documenting everything, you can protect your rights while working toward a resolution.

Whether your spouse is refusing to sign divorce papers or you have been served with divorce papers, consult directly with an experienced Arizona divorce attorney about your rights under state law.

Lincoln & Wenk, PLLC, can represent your interests through every step, from preparing for initial filing through entry of a final decree and beyond. Call us today at (623) 294-2464 to discuss your situation and schedule a consultation at our Phoenix, Goodyear, or Peoria office.