One of the biggest concerns many have when filing for divorce is what to do if their partner won’t sign the papers. Thankfully, there are steps you can take to make sure the divorce process still goes ahead, and our team at VM Family Law are here to help.
Can you still get divorced if your ex won’t sign divorce papers?
Yes, you can still get a divorce even if your ex is refusing to sign the divorce papers. Whilst this situation is far from ideal, try not to lose hope.
You will still be able to get a divorce by demonstrating to the court that you have taken all reasonable steps to inform your ex-partner about the proceedings.
What happens if an ex-partner doesn’t sign divorce papers?
If your ex-partner doesn’t sign the divorce papers, you will have to proceed with a divorce without consent. These are essentially the necessary steps you will have to take if you wish to proceed with the divorce.
There are a few steps you will have to take if your partner is not willing to sign the divorce papers:
- Apply for deemed service – If your ex is not acknowledging the divorce papers, you can ask the court for ‘deemed service’. This is where you ask the court to accept your ex has received the divorce papers, even though they are refusing to sign them.
It is up to the Judge to decide whether to grant an application that the divorce papers be deemed to have been served on the respondent. This means even though you apply for it, it does not necessarily mean that you will be granted it.
However, it should be granted as long as you have evidence that your ex-partner received the divorce papers, such as through texts or emails or a telephone call between your solicitor and ex-partner. - Instruct a process server – If you don’t have grounds for deemed service, you can instruct a process server who will physically serve the divorce papers on your ex.
Once they have been served, you will be provided with a statement of service from the process server which you must present to the court as evidence of the service. The court will then decide whether you can apply for a conditional order and progress the divorce. - Apply to dispense with service – This is usually the last resort as it is very difficult to obtain. This is when you apply to court to ask for the Court’s permission to proceed with the divorce even though you have no acknowledgment from your ex-partner and no evidence that they have been served with the court papers.
You would need to evidence all the attempts you have made to locate the respondent and all attempts you have made to try and serve the papers on them. Also, that you believe that they are aware of the divorce and are deliberately avoiding being served with the papers.
This will only be granted if the court is satisfied that you’ve genuinely done everything you can to demonstrate effective service of the papers on your spouse.
How long does a divorce take if one party doesn’t agree?
The average timeframe of a divorce if both parties agree is around a minimum of 6 months. Every divorce case is different and so it really depends on your personal circumstances.
However, if one party doesn’t agree, it can be significantly longer depending on what steps you take to proceed with the divorce. For example, if you end up applying for dispensed service, which is a last resort, it may take up to a year onwards.
Reasons why an ex-partner may not sign divorce papers
Ultimately, there are a number of different reasons why an ex-partner may not sign the divorce papers and this can vary between different relationships.
Some potential reasons why your ex won’t sign the divorce papers could include:
- Emotional attachment – Your partner may be hoping that you can fix your relationship, especially if you have been together for a long time.
- Financial concerns – Your partner may be concerned over potential financial issues that will arise if you get divorced or they may feel like they will not get a fair financial deal and so attempt to delay the divorce.
- Child custody issues – If your partner doesn’t like the proposed child custody agreements, they may again try to delay the divorce proceedings.
- Lack of understanding – Your partner may be simply ignorant to the legal ramifications of refusing to sign the divorce papers or may have misconceptions of how the divorce process works.
How can solicitors support you through an unwanted divorce
Going through an unwanted divorce can be extremely upsetting and mentally straining, which is why having a solicitor to help you through the process is a must. A family law solicitor will be able to help you through the whole process, making it as simple and stress free as possible by:
- Listening and discussing what your best options are
- Informing you on what your rights are
- Helping you to understand your ex-partners rights
- Giving you trusted and reliable advice about your family, finances and financial security
Getting legal advice early on in your divorce can help you decide how much support you will need and at what stage in the process.
What is the process of instructing a court bailiff to serve divorce papers?
Another method to serve your ex-partner the divorce papers is by instructing court bailiffs. This is similar to instructing a process server, but court bailiffs are not as flexible or generally as efficient as process servers as process servers will make multiple attempts to serve the papers.
Instructing a court bailiff involves you making an application to the court and paying a court fee. If the bailiff is able to serve the papers on your spouse, they will provide you with a statement of service which you can send to the court as evidence your ex has received the papers.
From here, if the court is satisfied, you should be able to progress with the divorce. If they have not been able to serve your spouse with the papers, then they will file a certificate of non-service and you will need to find another way of serving the papers on your spouse or proving they are aware of the divorce.
How can you avoid your ex-spouse not signing divorce papers?
The main thing you should do to avoid your ex not signing the divorce papers is to communicate with them, if possible. The quickest and easiest way to have a divorce is by both parties agreeing.
This doesn’t mean that both parties have to like the idea of the divorce, but rather you are both aware it is time for the marriage to come to an end and move on. In most cases, couples who have an open and honest discussion find they can move more smoothly through their divorce and benefit from practical and low cost solutions.
Agreeing to a divorce does not mean that all matters are agreed as it is still possible to agree to a divorce but be in dispute over the arrangements for the children or the finances as these matters are dealt with separately.