My Spouse Won’t Sign Our Agreed Decree! What Now?

There are situations in which you can finalize a divorce without your spouse’s signature. Some of these are:

1. If your spouse was served and did not respond to the lawsuit – If this is the case, then you can proceed on a default basis assuming that your spouse is not in the armed forces. A Default Divorce requires extra testimony for the Judge and some extra paperwork to assist the Judge in making a “just and right” division of the community estate.
2. If your spouse signed a Waiver of Service  – Some Waivers of Service contain language that states that you can proceed without the signature of your spouse. Some forms do not have this language and thus you would still need your spouse’s signature or you would need to set the case for trial.
3. Your spouse does not appear at Trial – If your case is set for trial and your spouse does not appear then you can proceed on a default basis. Again, this requires extra paperwork to assist the Judge in making a “just and right” division of the community estate.

In most cases you will need either: (1) signature on the Final Decree of Divorce, (2) a signed Mediated Settlement Agreement, or (3) a Trial.