Divorce remains a part of life for many people. According to data from the Washington State Department of Health, 21,477 married couples filed for divorce in the state in 2020 alone. The divorce process itself can be stressful and confusing. Most people want to get through it as painlessly as possible — but some people are stuck dealing with an uncooperative partner.
You may be wondering: Can I still get divorced if my spouse will not sign the papers? The short answer is that you can get divorced if your spouse refuses to sign. While the divorce process is smoother if both parties sign the parties, one spouse cannot block a divorce. In this article, our Spokane divorce attorney explains what happens if one spouse will not sign divorce papers (Washington laws).
You do not need your spouse's signature for a divorce in Washington. Washington is a no-fault state, which means that both spouses need not agree to the divorce for the court to grant it. If your spouse explicitly states that they will challenge the divorce and refuses to sign papers, it doesn't matter. The court can still issue a final divorce decree without both parties agreeing. However, an experienced divorce attorney is essential to help you navigate the waters when one spouse fails to cooperate.
It's natural to feel frustrated if your spouse refuses to sign divorce papers. However, their refusal does not stop the divorce from taking place. There is a pathway to divorce that does not require the cooperation of your spouse. An experienced Spokane divorce lawyer can help you navigate this pathway, which includes service by publication and may include seeking a default divorce.
In Washington State, a couple can file joint divorce papers if the parties agree on the issues. When an option, this is generally the most efficient way to end a marriage. A divorcing couple can agree to an uncontested divorce settlement and they can both sign the papers so that the process can move forward to a final decree.
That being said, you do not need your spouse’s signature to initiate the divorce process in Washington. One spouse can file a Petition for Dissolution of Marriage by themselves. By doing so, you are starting the legal process of divorce.
When you file divorce papers by yourself, your spouse has the right to notice. Put another way, your divorce papers must be “served” on the other party. As a general rule, it is best to work with a professional process server when delivering official divorce papers (legal notice) to an uncooperative spouse. To be clear, the divorce process cannot start to move forward until divorce papers have been properly served within a certain time limit on the spouse that refuses to sign the divorce papers and he/she has been given adequate time to review and respond.
What happens if your spouse simply never responds to the divorce papers? In Washington, the answer is that you can divorce anyway. Washington is a no-fault divorce state. Although an uncooperative spouse can slow down the divorce process and make things more frustrating by not cooperating with the filing, he or she cannot stop a divorce by refusing to sign the paperwork. The spouse's consent is not needed. Once a divorce petition has been filed, papers have been properly served, and adequate time has been given for a response, the court can move forward with a default judgment.
If you can't locate your spouse and would like a divorce, it's not the end of the world — you can still obtain a divorce. Although it may take more time without your spouse involved, Washington law allows divorce proceedings to continue when one spouse is out of the picture. In this case, it is known as a divorce by publication.
To proceed in this context, the spouse seeking the divorce must demonstrate to the judge that they have diligently searched for the other spouse and simply cannot find them. Evidence of this may include records of your efforts to contact the spouse through family, work, friends, and other reasonable avenues. If the judge agrees that you have exhausted your efforts, they will allow for the divorce by publication to be printed in the local newspaper.
Contacting an attorney early on will help immensely in this process. We can help develop a strong case for divorce by publication so you can move forward with your life.
Divorce is typically a chaotic time filled with confusion and uncertainty. With an uncooperative spouse in the mix, you can expect things to be even more confusing. However, your experienced Spokane divorce lawyer will handle every step of the divorce process. You will never have to worry about what to do next. Instead, your attorney will guide you at every stage until the terms for the divorce are set and a decree is issued.
The important takeaway is that an uncooperative spouse is only a bump in the road. As you now know, no spouse can prevent the other from finalizing a divorce in Washington, even if they fail to sign the papers or disappear. With the aid of a contested divorce attorney in Spokane, WA, your divorce can become a reality, and you can begin a new life with legal assurance.
