What Happens If a Spouse Refuses to Sign Divorce Papers?

Divorce can feel like standing in a doorway that only opens from one side. When the other spouse does not sign the papers, that doorway seems jammed shut. 

At Jackman Law Firm, we have guided Seattle families through this tense moment since 2014, always with an eye on keeping the process clear and humane. Today’s goal is simple: show what happens if your spouse keeps the pen capped and how you can move forward.

Uncontested vs. Contested Divorce Cases

A divorce starts uncontested when both people are on the same page about every term, from who keeps the house to how weekends with the kids will look. If even one point is up in the air, the matter changes into a contested case that a judge must settle. A flat refusal to sign instantly turns an uncontested filing into a contested one.

Here is a quick snapshot of the difference:

• Uncontested: Agreement on property, support, and parenting plan. No court battles and very few hearings.
• Contested: One or more issues in dispute. The court sets timelines, motions, and hearings to sort everything out.

When the signing spouse will not play ball, the court steps in so the process does not stall forever. Let’s see what that looks like from the first filing.

Initiating the Divorce Process and Serving the Petition

The spouse who wants the divorce, called the petitioner, files a Petition for Dissolution of Marriage at the county courthouse. The clerk stamps a summons that lets the other spouse, the respondent, know how much time they have to answer. Under Washington rules, personal service is required. That means a process server, sheriff, or any adult not tied to the case hands the papers to the respondent or leaves them with someone of suitable age at home.

The clock now starts. If served inside Washington, the respondent has 20 days to file a written response, or 60 days if served elsewhere in the United States. Missing that window opens the door to default, which is covered in the next section.

The timeline below sums up the early steps:

Once the papers land in the respondent’s hands, refusing to sign or reply does not freeze the file. Instead, it signals the court to move ahead without that input.

What Happens If a Spouse Doesn’t Respond?

Failing to answer the petition places the respondent in default. In everyday terms, the court treats silence as agreement with the petitioner’s requests. The petitioner can then schedule a default hearing, during which they outline property, debt, parenting plans, and support figures.

The judge still reviews each request for fairness without the other spouse’s evidence or arguments. By skipping the response, the silent spouse loses the chance to push for different terms on:

1. Division of real estate, retirement funds, and personal property
2. Allocation of debts, such as credit cards or medical bills
3. Residential schedule and decision-making for children
4. Child support and, when appropriate, spousal maintenance

When the decree is signed at a default hearing, it carries the same force as any other. The spouse who kept quiet can ask the court to set the decree aside, yet that is an uphill battle and must be done within tight deadlines.

Alternative Methods of Service in Washington

Some respondents cannot be found. Washington courts allow alternate service only after the petitioner diligently finds the missing spouse. Acceptable substitutes include:

• Service by publication – A legal notice runs in a newspaper in the county where the case is filed, once a week for six weeks.
• Service by mail or electronic means – Used rarely and only under a court order when publication would be meaningless or too slow.

Once the court approves substitute service and the steps are completed, the response clock runs as if personal service occurred. Ignoring that notice leads back to the default.

Contesting the Divorce: What Are the Options?

Signing nothing is not the only way to resist a divorce decree. A respondent who files a timely answer can contest one or more issues. Typical dispute areas include:

• How real estate, vehicles, and retirement accounts are divided
• Whether joint or sole decision-making authority fits the children best
• The amount and length of spousal maintenance
• How child support is calculated under state guidelines

Contesting extends the process, sometimes by many months, because the court will order formal discovery, settlement conferences, and perhaps a trial. Legal fees and stress climb when the matter turns fully contested, yet it remains the right path if fundamental rights or fair outcomes are on the line.

Strategies When a Spouse Refuses to Cooperate

Stubborn silence does not have to drain every bank account before the decree is signed. Here are three approaches we often share with clients:

• Negotiation and Mediation. Even after a default is filed, the parties can negotiate with a mediator, exchange proposals, and sign a settlement. Courts welcome agreements reached outside the courtroom and usually approve them if they meet state standards.
• Court Proceedings. If one spouse will not engage in talks, pressing forward to default or trial prevents endless limbo. Judges in Washington set clear deadlines that keep a case moving toward final orders.
• Motion to Enforce Agreement. Sometimes, both sides reach a deal, but the reluctant spouse backs out at the signature stage. The petitioner can file a motion to enforce, asking the judge to adopt the spoken or written terms even without the last autograph.

Each tactic has pros and cons linked to cost, timing, and control. A clear analysis with counsel will reveal which road fits the family’s needs.

Need Assistance with a Divorce in Washington State? Contact Us

Since 2014, the team at Jackman Law Firm has stood for shared parenting, honest division of what families built together, and respect for every client’s future. We bring steady guidance to stubborn signing disputes and work toward agreements that let families heal. Let’s discuss practical next steps if you are facing a spouse who will not engage.

Call us at 206-558-5555 or visit our Contact Us page to set up a meeting with an attorney who understands Washington family courts.

You do not have to stay stuck in that jammed doorway. You can step through to the next chapter with solid advice and clear action.