3652 Hector Lane
Naperville, IL 60564

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My Spouse Won’t Sign the Divorce Papers – Now What?


There are complications that arise throughout divorce cases. However, few complications arise well before the case even starts. But in a select few cases, there are spouses who refuse to accept the divorce and try to refuse, even if the case appeared to be an uncontested divorce.

Don’t fret: Your spouse’s refusal to sign the papers doesn’t mean your case won’t proceed. Instead, you should focus on strategies both you and your Naperville divorce attorney can use to keep your case on track and without the speed bump your spouse can add to the process by refusing to sign.

Spouses refuse to sign for various reasons… 

…all of which they believe are reasonable at the time. For some, the problem is religious. For others, it’s the fear of being judged by family members, friends, colleagues, or others. At a more basic level, many spouses struggle to sign because it makes the divorce process “real” and it finally sets in that their marriage is over.

Whatever the reason, you have options to ensure your case continues to move forward.

Strategies You and Your Attorney can use if Your Spouse Refuses to Sign

How you and your attorney address your spouse will depend largely on why he or she is refusing to sign the divorce papers. In many situations, there are remedies you can take well before the final judgment needs to be signed to mitigate some of the reasons why your spouse may be refusing to sign.

For example, your spouse may refuse to sign the papers if announcing your divorce came as a surprise. If you believe this may be a problem, you should speak to your spouse about the divorce before you have them served with your divorce petition. If you’re worried the animosity of the process may cause problems, mediation or counseling may be a solution.

Don’t Let Refusal Complicate Your Case

In some cases, a spouse will refuse to sign the judgment. This moves your case from being uncontested to being contested and can quickly run up court costs and will complicate the entire process.

If your case is contested, you will likely need attorneys to resolve the issues. Or, your case may go to trial to resolve the issues that you and your spouse can’t agree upon. Often, these are issues related to children, finances, or other big areas.

Contact Lawrence R. Surinak Ltd. if You’re Concerned About Your Spouse

If you’re concerned whether your spouse will sign your divorce papers, Larry can help. With over 35 years of experience in divorce and family law in Naperville, Larry’s expertise and skilled negotiation techniques ensure the best possible outcome for your case.

Contact Larry today at 630-470-9990 to take advantage of your free, 30-minute consultation. Or, if you prefer, you can use our online form to submit your information and we will contact you within 48 hours to set up an in-person consultation.

We look forward to speaking with you!

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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If you need advice, help, want your questions answered or need representation, complete the form below and click the Submit button to request a free 30 minute confidential consultation.

A member of our firm will review your information and contact you within 48 hours to schedule in your consult.

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.