"He Won't Sign for the Divorce!"

Although both spouses must consent to begin a marriage, the divorce process really only requires one spouse's request. Your spouse need not ever sign any papers or agree to do anything.... should he or she refuse to do so, the Court can enter orders of its own, even against your spouse's wishes.

Sometimes the spouse will not consent to divorce for emotional or moral reasons, for example, he doesn't think the relationship is beyond saving or she doesn't believe in divorce. Sometimes, a spouse will not consent to a divorce because she or he wants to maintain control of an asset or doesn't want to start paying alimony or spousal support.

Regardless of the spouse's reasoning for not wanting to divorce, a Court can still enter a divorce, provide for support, rule on custody issues, and divide a couple's assets and debts. No one ever need consent or sign anything. The person must be notified of the lawsuit, but choosing not to participate will not bar the Court's action.

That being said, having a signed agreement between the parties does make a case much easier and cause the parties to pay less in attorneys fees.