When spouses refuse to sign divorce papers, the partner seeking a divorce will need to get a contested divorce. A contested divorce requires a hearing in which both spouses can present evidence. If one spouse does not appear or is not able to be contacted in time for the hearing, the judge may make judgment in favor of the other spouse.
If your spouse does show up to court, the judge will issue a divorce decree based on evidence and testimony presented. When spouses refuse to sign divorce papers, the spouse seeking a divorce needs to obtain a contested divorce. To do this, they will need to file a petition in the family court in their jurisdiction. The only spouse that needs to sign is the one filing for the divorce, though they must also formally notify the other spouse by serving the divorce papers.
When it comes to a divorce situation, serving divorce papers means that someone is given documentation stating that their spouse has filed for divorce. They are also given a chance to appear. If you are filing for divorce or in the negotiating process, you get help from an experienced family law attorney at Shaffer Family Law in Chandler.