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What Happens If Spouse Refuses to Sign Divorce Papers

What if my spouse refuses to sign divorce papers? It’s not a question you ever thought you’d be Googling. Yet here it is, sitting heavy in the back of your mind.

Divorce is rarely straightforward, but sometimes the biggest hurdle isn’t dividing property or parenting time, but a spouse who refuses to sign. If you’re worried that your spouse won’t sign divorce papers, you’re in luck, because in Colorado, one person cannot stop the process by simply refusing. A divorce can still move forward, though the path may be more complicated.

At Plog & Stein, P.C., we offer experienced guidance to ensure your rights aren’t sidelined when delays or resistance threaten your future. Our divorce attorneys in Denver have over 70 years of combined family law experience and know how to keep cases on track even when the other side digs in their heels.

What If One Party Refuses to Sign Divorce Papers?

Colorado follows a no-fault divorce system. That means you do not have to prove misconduct. You only need to show that the marriage is “irretrievably broken.” If one spouse contests this or refuses to sign, the court can still grant the divorce after hearing evidence.

When one party refuses to sign divorce papers, the court can proceed without their agreement. The refusal may slow the timeline, but it does not prevent the divorce from being finalized.

Common Reasons a Spouse Won’t Sign Divorce Papers

When a spouse won’t sign divorce papers, it helps to understand why they are resisting. Reasons often include:

  • Fear of financial loss or reduced lifestyle,
  • Emotional difficulty in accepting the end of the marriage,
  • Disputes about parenting time or child support,
  • Attempts to delay proceedings for strategic or personal reasons, and
  • Misunderstanding of the legal process.

Refusal often comes from fear or control, not legal strength. Knowing that helps you and your attorney develop a clear plan for moving forward.

Can You Get a Divorce Even If Your Spouse Won’t Sign?

The short answer is, yes. Colorado law ensures you can get a divorce even if your spouse won’t sign. Once you file and properly serve the papers, your spouse has 21 days (if in Colorado) or 35 days (if out of state) to respond. If they fail to respond, you can request a default judgment.

The court will hold hearings if they respond but refuse to sign settlement agreements. Based on statutory guidelines, a judge will decide property division, parental responsibilities, and support. Either way, your spouse cannot block the end of the marriage indefinitely.

What Should I Do If My Spouse Won’t Sign?

Although facing resistance is frustrating, you are not powerless. What you do if your spouse won’t sign divorce papers depends on whether they simply refuse to participate or actively contest issues.

Possible steps include:

  • Requesting a default judgment if they fail to respond;
  • Scheduling hearings to resolve contested matters;
  • Mediation to narrow disputes and avoid trial;
  • Temporary orders hearings to establish support or parenting time while the case moves forward; and
  • Preparing evidence to demonstrate your position on finances, property, and parenting.

Each option requires careful legal strategy. Having seasoned representation helps ensure you meet deadlines and don’t miss opportunities. Without that, a stubborn spouse could create unnecessary stress and expense.

Why Legal Representation Matters

When trying to understand whether you can get a divorce even if your spouse won’t sign, the real issue is not whether the case can proceed, but how smoothly and effectively it does. Skilled attorneys can:

  • Anticipate delay tactics and file timely motions,
  • Use negotiation or mediation to limit courtroom battles,
  • Develop strong evidence on financial and parenting issues, 
  • Protect you from procedural mistakes that could cost time or money, and
  • Keep the case moving forward toward resolution.

At Plog & Stein, P.C., our team has decades of combined experience handling divorces just like this. We know the courts, the procedures, and the strategies that keep momentum on your side.

What If My Spouse Refuses to Sign Divorce Papers? The Emotional and Practical Impact

Beyond legal rules, the reality is stressful. Having your spouse refuse to sign can feel like being trapped in limbo. Property remains undivided. Parenting arrangements stay uncertain. Your financial planning stalls. The waiting takes a toll, and the lack of closure can feel heavier than the divorce itself. Friends may tell you to be patient, but patience doesn’t pay bills or create stability for children.

Colorado courts provide a way forward regardless of your spouse’s cooperation. With the right representation, you can move from conflict to resolution and begin building your new life, free from the weight of someone else’s refusal.

Plog & Stein, P.C.: Guiding Clients When Spouses Refuse to Sign

At Plog & Stein, P.C., we know divorce is about untangling lives, protecting what matters most, and creating a stable path forward. Our Denver family law attorneys bring over 70 years of combined experience to every case.

From contested property division to complex parenting disputes, we’ve built a reputation for balancing sharp legal strategy with genuine care for our clients’ well-being. That mix of skill and compassion helps families move through conflict with confidence.

Clients benefit from:

  • AVVO “Excellent” and Justia “10” lawyer ratings,
  • BBB A+ accreditation,
  • Competitive retainers and efficient strategies designed to control costs,
  • Unbundled legal services for clients who need targeted help, and
  • Evening or weekend appointments when circumstances demand.

We focus exclusively on family law, which means we’ve seen nearly every form of resistance a spouse can mount. We are known for innovative, cost-effective advocacy that balances courtroom strength with practical solutions.

If you need answers that lead to results, trust Plog & Stein, P.C. to guide you forward. Contact our Cherry Creek office today to learn how our experience, strategy, and commitment can help you close one chapter and begin the next.

Author Photo

Stephen Plog, co-founder of Plog & Stein, P.C. in 1999, is a dedicated family law attorney with almost two decades of expertise in Denver. Focused exclusively on family law since 2001, he excels in both intricate legal writing and courtroom litigation, having navigated cases in all Denver metropolitan area District Courts. Steve’s comprehensive background, including a Bachelor’s Degree in Psychology and a law degree from Quinnipiac University School of Law, underscores his commitment to providing insightful and personalized representation in family law matters.

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