Rodney Jensen and Madeline Jensen

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Your options when your spouse refuses to sign the divorce papers

On Behalf of | Nov 30, 2022 | Divorce

While many divorce cases in Minnesota, and around the country, are resolved smoothly, there are times when a spouse may refuse to sign the final divorce papers. This can be an intimidating and frustrating situation to deal with, but understanding your options can help you find a resolution.

Talk to them clearly and calmly

Explain why it is important for both of you to come to an agreement and discuss how a resolution can be reached. It is possible that they may not understand certain points or have concerns that need addressing, so engaging in a constructive dialogue can help move the process forward.

Seek professional mediation

Mediation refers to a process where an impartial third party will help facilitate communication between both parties. A mediator’s job is to remain neutral and ensure that all voices are heard so that everyone can come to an agreement. When parties are in a heated discussion, mediators can help keep things on track and facilitate productive conversations. You may even be able to iron out issues regarding property division or child custody during mediation.

File a petition with the court

A petition refers to a formal request to the court that seeks a specific judgment or type of relief. If your spouse refuses to sign the divorce papers, you may have to file a petition with the court in order to move forward with the process. The court may then decide to grant or deny the petition. Generally, most people do this when all other efforts fail and it is important to note that there will be additional fees associated with this step.

Consider collaborative divorce

Collaborative divorce is a form of alternative dispute resolution that takes place outside the court system. This process involves both parties and their respective legal counsel working together to reach an agreement without the need to go through litigation. Collaborative divorce can help resolve disputes more quickly, efficiently and cost-effectively when compared to traditional divorce proceedings.

Sometimes, it can be difficult to come to an agreement with your spouse when they refuse to sign the divorce papers. However, understanding and utilizing your options can help you reach a resolution in a timely manner. Whether that means engaging in a constructive dialogue, seeking professional mediation or even filing a petition with the court, there are ways for you to move forward with the process.