      
   4.9146 reviews

What Can You Do if Your Spouse Refuses to Sign Divorce Papers?

Request a Case Review

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 5, 2026

Read Time: 4 mins

A divorce can be either uncontested or contested. When your spouse refuses to sign the divorce papers, you can proceed with a contested divorce, and either a judge will decide the issues, or you and your spouse will finally come to an agreement during the process.

An uncontested divorce is always smoother, less emotionally draining, and more cost-effective. No matter which path you end up on, the result will be a court order that will be enforceable for years to come, so it is important to get it right with the help of an experienced divorce attorney.

Contested v. uncontested divorce

The outcome of a divorce is a division of assets and property and legal rights and responsibilities. A divorce is granted once the parties agree– or a court decides upon– all of the necessary divisions including:

Property
Financial assets
Child custody, support, and visitation
Spousal support

When the parties can agree on all these details, they can file the required paperwork (a petition and response) and proceed with an uncontested divorce. The judge will review their written agreement, issue an order to make it enforceable, and enter a divorce decree.

Though an uncontested divorce is smoother than a contested divorce, it is still important to work with a skilled family law attorney. The agreement will be binding in the long term, so you need to make sure your rights are protected before it is finalized.

When the parties cannot agree to the terms of a divorce, or when only one spouse desires a divorce, the proceeding will be considered “contested.” If you are in this position, you will need to go through litigation in family court and ultimately participate in a hearing. Based on the evidence presented, the court will determine the basis for the divorce and the terms of the divorce decree.

State differences when only one spouse wants a divorce

Each state has its own rules when it comes to obtaining a divorce without the cooperation of your spouse. This can have a significant impact on your best strategy. Some key differences include:

Waiting period – Many states require that the parties be legally separated or live apart for a specific length of time before obtaining a no-fault divorce, but there is no waiting period for a fault-based divorce. For example, in New Jersey, you must show that you and your spouse have been separated for 18 or more consecutive months or else state grounds of fault. In New York, when the parties agree to a separation, they may request a divorce after one year of living apart; if they do not both agree, they must live apart for two years.

Requirements for a no-fault divorce – Nearly half of the states no longer offer fault, such as adultery, extreme cruelty, or imprisonment, as a basis for divorce. In those states that do still offer both fault– and no-fault-based divorce, it may be advantageous to file for a no-fault divorce to encourage cooperation with a soon-to-be-ex. However, in New York and New Jersey, no-fault divorce is not formally recognized, so a spouse instead needs to state that the marriage has been “irretrievably broken” or the couple has experienced “irreconcilable differences” for at least six months.

Residency requirement – State law determines how long you must be a resident before filing divorce papers and whether exceptions apply. Most states require that the person requesting the divorce reside in the state for some time, usually between 60 and 180 days, before filing, though several states have no residency requirement.

Availability of default – If your spouse fails to respond to the divorce papers, whether they refuse or cannot be located, you may be able to pursue a divorce decree based on a default or grounds such as abandonment. In this case, the court may enter an order based on your proposed judgment.

Speak with a divorce lawyer

The stress of the divorce process can make it seem longer than it is. However, what happens in that relatively short time will impact your rights and responsibilities for years to come unless you go back to court to fight for a modification. With all that is at stake, it pays to work with an experienced professional. If you are considering your divorce options, speak with a family law attorney at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. today.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

see all reviews

What Can You Do if Your Spouse Refuses to Sign Divorce Papers?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey