What if My Spouse Refuses to Participate in the Divorce?

 Posted on October 14,2024 in Divorce

Perhaps you want a divorce, but your spouse does not. Or maybe your spouse is simply reinforcing your reasons for wanting a divorce in the first place by being as obstinate as possible. While most spouses will bow to the inevitable and take part in the divorce – if only to get what they want – some will either not participate in the process or will simply refuse to sign the divorce decree.

While this can certainly be frustrating, it is important to remember that a spouse intent on stopping a divorce really cannot do so. Wisconsin law allows you to finalize your divorce with or without your spouse's agreement or participation. If you are facing this type of situation, speaking to an experienced New Berlin, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP can be helpful.

My Spouse Refuses to Acknowledge the Divorce Petition

If you file for divorce, you must serve your spouse with a Summons and Petition. The non-filing party then has an opportunity to respond to the petition. The court can proceed with a default divorce if the non-filing party refuses to respond after being properly served. If you have taken every measure possible to persuade your spouse to answer the Petition for Divorce and he or she refuses, you will be granted all the terms you request from the court.

This assumes that the terms can be justified under Wisconsin divorce laws. It is not in your spouse’s best interests to refuse to respond to a divorce petition because he or she could end up still divorced while not receiving the desired child custody or the marital assets he or she wanted.   

My Spouse Refuses to Engage in Mediation or any Discussion About Custody or Division of Assets

If your spouse answered the divorce petition but now stubbornly refuses to be involved in asset division, child custody, or any other divorce details, the judge may intervene. Mediation is sometimes ordered by the court, so if your spouse is refusing to be involved in court-ordered mediation, he or she could be held in contempt.

If your spouse retained a divorce attorney, the judge may ask the attorney to reason with your spouse, convincing him or her to be involved in the divorce process. If your spouse simply refuses, then again, the court could enter a default judgment, which would be unlikely to give your spouse what he or she wanted from the divorce.

We Made it Through Divorce Negotiations, But My Spouse Refuses to Sign the Final Divorce Decree

Understanding why your spouse refuses to sign the divorce papers is necessary at this point. Perhaps he or she does not believe the asset division or custody agreement was fair, so refuses to sign the papers. If there is any way you can address these concerns, your final divorce decree might happen more quickly. This does not mean you should allow yourself to be held hostage and give your spouse exactly what he or she wanted from the divorce.

However, if there is something you can concede to that does not hurt you or your children, it is worth consideration. Otherwise, your attorney may file a motion to enforce the negotiated divorce agreement or a motion for a default divorce judgment. It is important that you work with an experienced divorce attorney so you can understand your options at every juncture.  

Contact a Waukesha County, WI Divorce Attorney

It can be frustrating to deal with a spouse who refuses to participate in the divorce process, accept service, respond to a divorce petition, or sign the divorce settlement agreement. As much as possible, try to remain calm and allow your Waukesha, WI divorce attorney from Bucher, Wolff & Sonderhouse, LLP to handle the issues to the extent possible. We understand you and share your values while always being willing to go the extra mile on your behalf. We have extended availability for the convenience of our clients and offer a free consultation. Contact Bucher, Wolff & Sonderhouse, LLP at 262-232-6699, to discuss your divorce issues.