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Can your ex stop the divorce by refusing to sign?

On Behalf of | Mar 24, 2023 | Divorce

The divorce process seems like a pretty standard one, especially if you and your spouse are in agreement on the settlement. What happens if you send your spouse the divorce papers and they refuse to sign them? You might worry that their refusal to sign will prevent you from finalizing your Ohio divorce.

Although your spouse cannot stop the divorce by not signing the papers, you should understand what can happen.

Did your spouse respond to the divorce complaint?

The first thing to consider when your spouse refuses to sign the divorce papers is whether they responded to the initial petition. When they respond to the complaint in agreement with the settlement and then do not appear in court for the final hearing, the judge may issue a judgment in your favor.

Did your spouse contest the divorce complaint?

When your spouse responds to the complaint and contests the divorce, that does not prevent it, either. Contesting the divorce simply delays the process because you have to appear in front of the judge for a settlement hearing. This means waiting for an available time on the court docket, which can prolong the process.

Did your spouse fail to respond to the divorce complaint?

If your spouse does not respond to the petition and fails to show up for the final court hearing, the judge may issue a default judgment on your behalf.

When your spouse resists the divorce settlement, you might feel as though he or she will prevent you from getting that divorce. Whether they sign or not, the court will hear your case.