(150+)Divorce is sometimes a collaborative process where both spouses work amicably toward the dissolution of their marriage. Unfortunately, other men and women experience nothing but constant stress and obstruction from their spouses. What happens if you want a divorce but your spouse doesn’t agree? And what if a spouse refuses to sign divorce papers? Call our office to speak with an experienced Greenville divorce lawyer. You have options, which we review below.
What to Do if Your Ex Won’t Sign Divorce Papers
The reality is that you don’t need your spouse to sign the divorce petition. Certainly, their objection can complicate and even lengthen the divorce. Everything would go much smoother if your spouse would simply agree to get divorced. But most people can still dissolve a marriage over their spouse’s objection. We will need to put in more legwork, but we know the steps to take.
Filing Your Divorce Petition on Your Own
You can hire a Greenville divorce lawyer to complete the divorce complaint. This legal document will inform the court that you are seeking a divorce. It asks for certain information, such as the name of minor children and whether you have marital property.
Even if your spouse won’t sign divorce papers, you can still file a complaint and related paperwork with the court.
Serving the Divorce Papers on Your Spouse
South Carolina requires that you give your spouse a chance to respond, so they require that you serve the papers on your spouse.
One option is to hand the papers to your spouse, who signs an Acceptance of Service form. That option is out the window, though, if they refuse to participate.
South Carolina identifies different ways to make service, such as having the papers personally served on your spouse. The sheriff or deputy can hand the papers to your spouse, whether at home or at work. They then fill out a form showing that personal service was made. Legally, you and your attorney are prevented from making personal service.
Another option is to use certified mail with a return receipt signed by your spouse. The signed receipt is necessary to prove service.
Once your spouse has a copy of the papers, they must file an answer within 30 days. They will need to serve copies of their answer to you, too.
Asking for a Default Divorce
Your spouse might simply ignore the papers, even after service. They leave them unopened on the kitchen table or even throw them in the trash. What now?
In that case, we can go to court and file an affidavit of default. Essentially, this means your spouse has not answered the divorce petition despite having received service. The court should then set a hearing date, with notice provided to your spouse to finally show up and participate.
Your spouse cannot frustrate the divorce with continued stonewalling. Ultimately, the judge will probably go ahead and grant the divorce if your spouse refuses to even attend the hearing or participate in any way.
Getting Divorced if Your Spouse is Missing
What happens if your spouse refuses to sign divorce papers because he or she is missing? Some spouses simply flee, and you haven’t seen him or her for years. You can probably still get divorced, but there is more work involved when you cannot personally serve the papers on your spouse.
South Carolina is committed to giving people an opportunity to tell their side of the story and make an argument to the judge. That is why the state requires giving someone notice before you seek any type of legal action, including divorce.
South Carolina requires that you make a concerted effort to find a missing spouse. For example, you should:
- Stop in and visit their last known residence and ask people if they know where your spouse moved. For example, you might visit their last apartment and speak to the landlord.
- Call your spouse’s family and friends to find out where your spouse is currently living.
- Look online and in phonebooks to see if they list your spouse’s new address.
- Follow up on leads to see if you can find your spouse.
If you find your spouse, you can arrange personal service. Unfortunately, you might not be able to find them, even after performing a thorough search. In that case, you can ask the judge to allow for service by publication, which involves publishing your divorce notice in certain newspapers.
Work closely with a lawyer if your ex won’t sign divorce papers. You need to fully document the effort undertaken to find your husband or wife.
Remember, desertion for a full year is a valid fault ground for divorce in South Carolina. The fact that your spouse has abandoned you might make it easier to ultimately get divorced.
What Happens Next
Unless your spouse has fled town, most eventually come around and participate in the divorce. They have a strong incentive—they don’t want to be taken to the cleaners when it comes to alimony or they want custody. It’s rare for a spouse to be so obstinate that they refuse to participate.
Instead, your spouse will probably hire a lawyer and start fighting over every issue, such as custody or the division of marital property. This is the real hassle—your spouse digs in and starts fighting over every little thing.
Things are different if your spouse remains missing. Although a judge might grant a divorce after notice by publication, it’s hard to get child support or alimony from someone the court can’t find.
Hire the Right Greenville Divorce Lawyer for Your Case
Divorce is a stressful experience, but your choice of attorney can lower the temperature and give you a sense of control over the situation. Call Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC.
Our office has tackled all sorts of divorces, including contested divorces. You can schedule a consultation to speak with an experienced lawyer about your divorce.
