Consider the following situation and what you would do if you found yourself in this position. For the better part of six months, you have been going through a divorce. Your husband has refused to sign the final divorce papers. You were able to serve him with notice of the divorce but since then he has not been responding to your requests to negotiate. He rarely sees your children. In other words, he has become an unreliable and unresponsive party to the divorce.
Where does this leave you and your family? Are you doomed to spend the rest of your life in divorce purgatory? In today’s blog post from the Law Office of Bryan Fagan, we will discuss what to do when your spouse won’t sign the final divorce papers. From beginning to end, this is a frustrating situation. However, that does not mean that you are stuck. Having a game plan and some knowledge about the divorce process will help you on this journey.
Any questions about your spouse when he won’t sign the final divorce papers can be addressed to the attorneys with the Law Office of Bryan Fagan. Our experienced family law attorneys represent clients like you throughout Texas. We would be honored to speak to you about your case.
What is the Final Decree of Divorce?
The final decree of divorce represents the final orders in your divorce case. Ultimately, the reason why you file for divorce is to obtain court orders. These court orders not only end your marriage relationship but are also a game plan for moving your life forward. A final decree of divorce must be written in clear, intelligible language. Otherwise, you risk your order not being enforceable by a court in the future.
An enforceable final decree of divorce means that you could potentially take your order back to court in the future for a judge to review the terms. Suppose that your spouse violates some aspect of your child custody order. In that case, you could keep track of the violations and seek to enforce the terms of your final decree of divorce. Your concern right now may be with your spouse who won’t sign the final divorce papers. However, in the future, the concern would shift to your spouse violating those orders.
Although your frustrations are related to present matters, it is wise to keep your eye on future issues. Understand that the court order must be well written and lay out clear expectations for you and your spouse. This is how an order becomes enforceable. Once you figure out a plan for how to deal with your unresponsive spouse your attention needs to shift to drafting a clear and concise final decree of divorce.
What is contained in a Final Decree of Divorce
When your spouse won’t sign the final divorce papers you need to figure out how critical that is to your case. A final decree of divorce contains all the orders in your divorce. These could be orders that are agreed to through negotiations or are ordered by a court. Regardless, the final decree of divorce should be a summation of all the orders moving forward in your case. This is important to note. It is an important document that will need to be followed once the case is over.
Regarding child custody, your final decree of divorce contains language regarding visitation, possession, and child support matters. You and your co-parent will follow a visitation and possession schedule. This dictates who sees the children and at what time. Each year your custody division is broken down on a day-by-day basis. A well-written final decree of divorce will leave no doubt as to who should possess the kids on a certain day. Likewise, details about child support are covered in the final decree of divorce. How much child support is owed and the details of paying support are covered in this document.
Property division is also covered in a final decree of divorce. When your spouse won’t sign the final divorce papers that means he likely is unaware of the court orders and what they hold regarding property division. Details about a possible sale of your home, division of community property, and determinations on separate property are all covered in this document.
A hypothetical situation to illustrate how to proceed when your spouse won’t sign the final divorce papers
We discussed a hypothetical situation where you and your husband were going through a divorce earlier in today’s blog post. Now let’s add to that story. Your spouse still won’t sign the final divorce papers. We are now at a year as far as the length of your case. He won’t sign and shows no willingness to do so. He has participated more in the past few months. The two of you attended mediation and have been on the same page. Most of the issues in the case have been settled.
Since the major issues in your case have been settled you feel more confident in presenting your husband with a draft copy of the final decree of divorce. You and your attorney have both signed. From what you understand, your husband’s attorney has recommended that he sign the document, as well. However, he still voices some hesitation in doing so. You are not entirely sure what issues he objects to. You do know that his thinking is that by not signing the document he is going to force you back to the negotiating table.
Concerned, you schedule a meeting with your attorney at the Law Office of Bryan Fagan. You’d like to find out whether your husband can continue to hold you hostage in this divorce. After all: the case has taken almost a year to date. Although you do have a trial date set your husband can always ask to postpone the hearing. You would like to be able to move on with your life to focus your attention on your children. Here is what your attorney from our office is likely to tell you.
What are your options when your spouse won’t sign the final divorce papers?
You are not necessarily stuck when your spouse won’t sign the final divorce papers. While it may delay your case to a certain degree it does not mean that you have no options to pursue. On the contrary, there are several directions you can take your case. The most important thing is you all must have a plan on how you choose to proceed. The failure to have a plan in place likely will put you in a situation where you are for the time being.
One option would be to set the case for a hearing before the judge. If your spouse refuses to sign the divorce decree you can file a motion to enter the decree. A judge reviews the order to determine whether it is as fair as possible to the two parties. If your decree is based upon a mediated settlement agreement the judge would review the mediated settlement agreement to determine whether the decree matches that agreement.
So long as your final decree of divorce is in line with your settlement agreement and does not violate public policy a judge is likely to sign it. It is the judge’s signature and not your spouse’s which ultimately concludes the divorce. In other words, your spouse cannot hold you hostage in the divorce for all that long. Having a plan and an experienced family law attorney goes a long way toward helping you conclude your divorce. A poorly written decree or an unwillingness to move forward with the plan can and will delay your divorce indefinitely.
Delaying a divorce to negotiate further
A situation that goes beyond mere disagreement over language in the decree involves a spouse who is unhappy with the negotiated outcome of the case. For instance, let’s consider a hypothetical situation where your spouse is displeased with how the case turned out. You and your spouse attended mediation and settled the case on all subjects. Therefore, your trial date was waived and the case proceeded to a point where a decree could be written.
Divorce cases that involve a mediated settlement agreement cannot be changed easily. Rather, parties to a divorce who go to mediation understand that there is very little you can do to change your mediated settlement agreement once it is written down. This is why attorneys tend to be very clear with their clients before signing a settlement agreement. However, that does not stop some folks from still showing displeasure with the settlement agreement. Specifically, in this case, your husband may refuse to sign the decree to draw you back to the negotiating table.
This is not a ploy that would work. Refusing to sign a divorce decree that comports with the mediated settlement agreement will not result in the case coming back to the negotiating table. A motion to enter the divorce decree can be filed by you and your attorney. From there, so long as the decree is well drafted it is unlikely that a judge would not sign.
Default judgments
Let’s consider what can happen in a circumstance where your spouse refuses to participate in the divorce at all. Not only will she not respond & a final decree of divorce but she won’t even respond to your divorce petition. This means that she has not filed a formal appearance in the case. You have attempted to serve her personally multiple times. This has been made more difficult with her having left the family home. You have no idea where she is currently residing. On top of that, you have attempted to serve her via publication, posting the petition on the courthouse steps and by certified mail.
In short, you have done everything that you are legally compelled to do to notify her of the divorce. To some, it would appear that your case was at a standstill. Without being able to notify your spouse of the divorce how can you proceed? A default judgment is the answer. In a default judgment, you need only have proof of valid attempts to serve your spouse with notice. From there you may proceed with creating your final decree of divorce for a judge to review & sign.
No answer, default judgments are more prone to having motions for a new trial granted. This is especially true if your spouse has a valid reason for not responding to your attempts to serve her initially. However, default judgments also offer innocent parties like yourself an opportunity to complete a divorce where they would otherwise be stuck in the mud. Checking all the correct boxes and following the correct steps is a major part of a default judgment. An experienced family law attorney is essential to assisting you in this regard.
Moving forward when your spouse won’t sign the final divorce papers
Are you currently in a situation where your spouse won’t sign the final divorce papers? If so, then there are steps you can take. Above all else, you need to have a plan. Having a plan is a good thing in any divorce. However, having a plan is especially important in a divorce where your spouse is being uncooperative. There is a major difference between divorce cases where a party has a good plan and one where the person drifts aimlessly. Drifting aimlessly in a divorce means that you will spend much longer and more money trying to conclude your case.
If possible, you should try and speak to your spouse directly. Oftentimes in a divorce misunderstandings can arise. With the stakes are as high as they are in most divorces even small misunderstandings can give rise to major standoffs in the case. However, by directly addressing the issues with your spouse you may find that you can void needless delays. Do not assume that your spouse will be unwilling to speak to you about the case directly. Rather, your interest is preserved by being the person who reaches out and attempts to talk to your spouse about whatever issue has arisen.
Part of this means having a solid understanding of your final decree of divorce. It does you no good to go to speak to your spouse without first having a very good knowledge of the court order. If you can honestly answer a question or concern that your spouse, has you may find that he or she is much more willing to sign on the dotted line. Showing good faith and being willing to look at things from your spouse’s perspective can pay major dividends in your case.
The importance of an experienced family law attorney
There are many moving pieces in a divorce. This is true even in divorce cases where circumstances are relatively calm and subdued. However, if you find yourself involved in a divorce where your spouse refuses to cooperate or sign the final decree then you need an attorney who is capable of meeting that challenge along with you. The attorneys with the Law Office of Bryan Fagan know how to handle such cases. Our team of attorneys has a strong knowledge of the law as well as the desire to serve the best interests of our clients. We do not take for granted the responsibility of looking after the case of our clients.
Part of being a family law attorney means knowing what to do when an opposing party won’t sign the final divorce papers. Our attorneys do not wait for the opposing party to take the lead in a case. Rather our attorneys put the focus towards an efficient and fair outcome and a divorce. When your spouse is not being fair with you that means the time for passivity is over. Rather, you must be able to move forward with confidence so your interests and those of your family are preserved.
As you can tell, there are options to pursue when your spouse won’t sign the final divorce papers. However, the experience of a family law attorney can help you determine which option to pursue and when. Making the wrong decision in this regard can certainly impact your divorce. Don’t allow your spouse to control the pace of your case. Rather, when you find that your spouse won’t sign the final divorce papers you need to act appropriately.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
