Dissolving a marriage is difficult enough, even when your spouse is cooperative with the divorce. But what if they disagree with your decision and refuse to sign the petition at all? While this certainly makes the situation more stressful, divorce law does give you the right to end your marriage even if your spouse won’t sign the papers.

What to Do When Your Spouse Won’t Sign the Divorce Petition

Submitting the Petition

Filing a divorce petition signed by both parties can streamline the process, but it isn’t necessary to proceed with a dissolution of marriage. You may file the petition without your spouse’s signature, but they will have to be legally served with the divorce documents. In Hawaii, this can be done by a process server, the Sheriff’s office, or anyone else over the age of 18 who is not involved with the divorce.

During Divorce Proceedings

After being served, some spouses ignore the proceedings in the hopes of delaying or stopping the divorce. Fortunately, divorce law contains powerful provisions that allow cases to move forward without the other party’s involvement. In Hawaii, if they fail to file an answer or contact you within 20 days, the judge will likely issue a default ruling in your favor, immediately ending the marriage.

Appealing the Ruling

By failing to file an answer, parties to a divorce essentially give up their right to affect the outcome, so a default judgment will typically include almost everything you asked for. If your spouse refuses to comply by handing over any property you’ve been granted, they may be subjected to fines and other serious penalties. These judgments are also final, so your spouse may not be able to appeal unless they can provide a good reason for their failure to respond to the complaint.

If you’re going through a divorce, a skilled attorney can represent your interests and make this difficult experience as easy as possible. With over 20 years of divorce law experience, the Law Office of Carmen DiAmore-Siah has helped clients throughout Honolulu County navigate this confusing, overwhelming process. Visit their website for more on their divorce law services, or call (808) 531-2277 to arrange a consultation with an attorney today.