Dealing with the end of your marriage is difficult enough without added complications. When you’re ready to move forward with a divorce in Iowa, your spouse’s refusal to sign the papers can feel like a devastating setback or roadblock. You may feel stuck, frustrated, and wonder if you will ever get closure or be able to terminate the marriage. While it can delay the process and increase stress, the good news is that your spouse’s lack of cooperation does not necessarily prevent you from moving forward. Understanding your legal options and the steps you can take is crucial if your spouse refuses to sign the divorce papers. Continue reading for more information and contact an experienced Dallas County divorce lawyer today.
Can My Spouse Prevent the Divorce By Refusing to Sign?
No, your spouse can’t block or prevent the divorce simply by refusing to sign the paperwork or cooperate with the proceedings. Iowa does not require both spouses to agree for a divorce to be granted. Even if one spouse refuses to respond or participate, the divorce can still proceed.
Iowa is a no-fault divorce state. This means you do not need to prove any wrongdoing on the part of your spouse. You only need to state that the marriage is irretrievably broken and cannot be repaired. The court accepts this as grounds to dissolve the marriage, regardless of your spouse’s objections or refusal to participate.
What Happens if My Spouse Refuses to Sign the Divorce Papers in IA?
If your spouse refuses to sign divorce papers in Iowa, it does not stop the proceedings. If your spouse is served with the initial divorce petition and papers, they have a limited time to file an answer with the court (typically 20 days). If they fail to respond within this timeframe, the court may enter a default judgment.
A default judgment means the judge can move forward with the divorce without your spouse’s input. The court may hold a hearing where you can present your case and propose your desired terms for the division of assets, custody arrangements, and support. Because they are refusing to cooperate, your spouse loses the opportunity to argue their side. The judge will issue a final decree, legally ending the marriage and deciding all issues, even if your spouse never formally signed any documents. Your spouse’s signature is only required if you reach a mutual settlement agreement, but the court can grant a divorce without it.
While you legally have the option to handle your case alone, it is highly recommended that you secure the help of a legal professional. An attorney’s help is crucial, especially in contentious cases or ones where your spouse is refusing to cooperate. For more information and to discuss your situation, reach out to a knowledgeable family lawyer today.
