People often face difficult questions during divorce, including whether they’re legally required to sign anything. One common concern is, “Can I refuse to sign divorce papers?” If you’ve been served, it’s natural to feel uncertain. A divorce lawyer can explain what refusal means, and provide legal guidance on what your options and their potential consequences are.
Below, our friends from Lai & Turner Law Firm PLLC explain more about what happens when someone refuses to sign divorce papers:
Divorce Can Proceed Without Consent
Oklahoma does not require both parties to agree to end the marriage. If one spouse files for divorce and the other refuses to respond or sign documents, this does not necessarily delay the length of time the divorce will take and the court can still move forward. A judge may grant the divorce by default if the other party has been properly served and fails to participate.
What Happens If You Don’t Respond
When you’re served with divorce papers, you typically have 20 days to file a response. If you ignore the papers, your spouse can request a default judgment. That means the court may grant all or most of what your spouse asked for—without hearing your side. This could affect child custody, property division, and financial support.
Signing Is Only Needed In Agreements
When both parties agree to a settlement, at different stages of this process, your signature may be needed. However, if you don’t agree or refuse to sign, the case does not stop. Instead, unresolved issues go before a judge at a contested hearing, where decisions are made without the need for both parties to agree.
Why It’s Better To Be Involved
Even if you don’t want the divorce, refusing to take part can lead to outcomes that aren’t in your favor. By staying involved, you protect your rights and have a say in what happens next. It is encouraged that you respond promptly and stay informed about all deadlines and court dates, as well as exploring options such as mediation or an uncontested divorce.
We encourage our clients to respond promptly and stay informed about all deadlines and court dates.
What You Should Do If You’ve Been Served
Even though you may have an impulse to ignore them, if you have been served with divorce papers it is better to take action so that you can stay ahead of the game in trying to get what you want in terms of assets, financial support, and marital property. Review the documents and talk to a divorce lawyer as soon as possible. Filing a response doesn’t mean you agree with everything—it just keeps you in the process so your side is considered. Waiting too long or ignoring the filing may hurt your case.
If you have questions about divorce, a lawyer who is licensed in the state in which your divorce is likely to take place, can give you legal guidance and support.
