What Happens if I Don’t Sign Divorce Papers?

Refusing to sign your divorce papers – or simply failing to sign them – is not going to do you any favors. In fact, doing so can lead to a default divorce where you will not have the opportunity to present evidence on your behalf regarding child custody or spousal support. Because most people would prefer to be involved in the negotiation process and advocate for their own rights, not signing divorce papers is generally a terrible option. Reach out for the skilled legal guidance of an experienced Redlands divorce attorney today.

Your Refusal to Sign

When you’re served with divorce papers, you’re allowed a 30-day window to respond in the State of California – unless an exception applies in your case. In your response, you’re required to indicate whether you agree to the terms outlined by your spouse or contest them. Unless you are in complete agreement on each of the following terms, you’ll need to clearly indicate the term or terms you specifically contest:

● The division of marital property

● Child custody arrangements, including parenting time

● Child support

● Alimony or spousal support

If you are in perfect harmony with your divorcing spouse on these matters, there’s no need to contest, but there is also no advantage to not signing the divorce papers – because the divorce will proceed with or without your signature. Ultimately, if you don’t want to sign your divorce papers, it likely means you strongly disagree with one or more of your divorcing spouse’s terms – in addition to perhaps not wanting the divorce in the first place.

It Only Takes One of You to Make a Divorce Happen

Every divorce in the State of California is no fault, which means either spouse can pursue a divorce without needing to prove that the other did anything wrong. Generally, divorces in the state are based on irreconcilable differences, and neither spouse has any legal standing to stop the other from moving forward with the legal process. If your spouse wants a divorce, they'll get one, and not mounting your own response by contesting terms that don't uphold either your parental or financial rights is ill-advised.

The Court’s Stance

If you fail to sign the divorce papers within the assigned time frame, it’s unlikely that your divorcing spouse will need to make a court appearance. Generally, the matter can be resolved by mail or during a brief meeting with the presiding judge. The matter will proceed without a trial since you defaulted, and your actions will pave the way for your soon-to-be ex to establish the divorce terms that work for them – with no input from you. By failing to sign divorce papers, you not only give up your right to a court hearing but also forfeit the opportunity to contest the terms your spouse included in their divorce petition.

Contact Our Office Today

Instead of ignoring the issue of the divorce papers staring back at you, reach out for the focused legal guidance of Gramling Law Group. We have the compassion and legal insight to help, so please don’t wait to call us.