Signing Divorce PapersSigning divorce papers is one of the last steps in finalizing your divorce. If you're unfamiliar with how a divorce proceeds, you can read a detailed explanation of the steps of divorce in our article about the divorce process. The following information answers the most common questions about signing divorce papers, such as what to do if your spouse won't sign divorce papers, how a divorce can be finalized even if one party doesn't sign, and more:
Can I get a divorce if my husband refuses to sign the papers? Heather's Question: I don't think that my husband will sign the papers. How can I go about getting the divorce if he won't sign them? Brette's Answer: You can go ahead and start a divorce proceeding. He has to be served and court appearances will be scheduled. If he refuses to sign, you will then proceed with a contested divorce and he can explain to the judge why he doesn't agree. Do I need a lawyer before signing anything? Theanna's Question: My husband and I don't have a lot, just our personal things and the condo we are paying on. He says that I don't need a lawyer because his lawyer will get all the papers ready for us to sign. Do I need a lawyer before signing anything? Brette's Answer: It's always a good idea to have an attorney review the documents before signing them. If there isn't a lot to divide and you're in agreement, and the paperwork makes sense to you, you could decide to use your own judgment. It wouldn't cost much to pay someone to review the papers for you, so I do recommend that. Do I have to sign the divorce papers if I don't agree with them? Sherri's Question: My husband wants a divorce and I don't. Do I have to sign the divorce papers and what are the guidelines that have to be followed in this case? Brette's Answer: You don't have to sign papers agreeing to anything. But, you do need to respond to the petition when it is filed in order to contest the divorce. It is your right to go to court and ask the judge to decide the case. » Return to top How could the divorce go through if I didn't sign anything? Rose's Question: My husband served me with papers back in 2001 after being married for 5 years. I didn't sign because he didn't want to give me the annuity I was entitled to. I never heard anything since. I recently heard that he was getting remarried this coming month...how is this possible? Brette's Answer: If you were properly served and did not respond or appear, the case probably continued as an uncontested case - meaning it was decided without you. You can get a copy of it from the court clerk where it was filed. A copy should have been sent to you. How can someone divorce you if you never signed anything? Lydia's Question: I did not want a divorce but my husband filed. Throughout the court proceedings I kept expecting to sign something. I was not asked to sign any papers and yet was given a divorce. I hear all the time about people "signing papers" but never signed any agreement or anything to do with the divorce. How can someone divorce you and you never sign anything? Brette's Answer: It varies by state. You only sign papers if you are agreeing to a settlement or are agreeing to what your spouse is asking for. If you go through a court proceeding, you appear in person and the judge makes the decision. Eva's Question: My ex told me his lawyer drew up some papers to finalize our divorce and asked if I would sign them. When the papers arrived, I noticed a lot of discrepancies in the documents and I think they are forged. I'm not signing anything that is different than the original dates and so forth. Can the courts make a judgment without me knowing? Should I contact his attorney (he is local) to show him copies of the papers? I have a feeling he didn't draw them up. Brette's Answer: It sounds like you have serious questions about these papers. You should definitely contact your ex's attorney and find out what the situation is. A court won't make a ruling without giving you legal notice and a chance to appear. » Return to top What can I do if the signature on the petition isn't mine? Gigi's Question: The signature in the divorce petition is not mine. My husband is the petitioner. What do I do? Brette's Answer: Get an attorney if at all possible. If not, you need to file a motion to have it removed. Good luck. What can I do if he says someone forged his signature? Angela's Question: I'm getting remarried in June, and my ex called me stating that he did not sign the paperwork and that someone else did. I don't want to get married in June to find out that I was never divorced in the first place. Is there a way that I can delete this divorce and do it again before June. Please help me, I'm running out of time. Brette's Answer: The first question I would have is if he didn't sign it, then who did? In most cases if this happens it's because the other party forged the name - but since you didn't then who would and why would they bother? It doesn't make sense. And how does know there are papers if he never received them? This sounds a bit odd to me. Could he be lying so you feel you can't remarry? To do it again, you'll have to go to court and have him let the court know he never signed them and then have the papers signed by him. I think you should get a consultation with an attorney who can examine the papers that were filed as well as the affidavits of service and help you figure out what to do. » Return to top Can I sign divorce papers for him if I have power of attorney? Lydia's Question: My husband is incarcerated and I have filed for divorce. He is disputing it and won't sign. I have his general durable power of attorney, so can I sign the divorce papers for him? Brette's Answer: Even if your power of attorney is valid, you can't use it to sign the divorce papers.
Related Articles: Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex. This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce Process / Children and Divorce/ Emotions and Divorce Home / Divorce Guide / State Resources
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