You’ve made the hard decision to move on. The papers are ready. You’re hoping for a clean break. But then—your spouse won’t sign. Now what?
Believe it or not, this is more common than you think. Divorce doesn’t always happen on mutual terms, and sometimes one spouse drags their feet out of anger, confusion, or control. The good news? You don’t have to stay stuck.
Here’s what really happens when your spouse refuses to sign the divorce papers—and what you can do to keep moving forward.
1. You Can Still File for Divorce Without Their Signature
In Georgia, you don’t need your spouse’s permission to start or finalize a divorce. If they won’t sign, that doesn’t block the process—it just changes the route. As long as you’ve properly filed and served them, you can continue.
Legal fact: Georgia law allows you to proceed after 30 days if your spouse has been served and fails to respond. This is known as a default divorce.
2. The Clock Starts After Service, Not After Signing
What matters most isn’t whether your spouse signs—it’s whether they’ve been officially served. Once service is complete, a 30-day window opens. If they don’t respond within that time, you can request a court judgment without their participation.
Pro tip: Hire a process server or sheriff to ensure official, verifiable delivery of the divorce papers.
3. They Can’t Just “Ignore” the Divorce Forever
Some people think ignoring the divorce will delay it forever—but the court system doesn’t work that way. Judges see these tactics all the time and can proceed without the other party if necessary.
In 2022, the Georgia courts processed over 12,000 uncontested or default divorce cases—many moved forward with one spouse missing.
4. A Judge Can Still Divide Property and Make Orders
If your spouse is absent or refusing to engage, the judge can still:
- Divide assets
- Assign debts
- Grant child custody
- Award support
The judge will weigh your requests fairly, but you still need to present a thorough and truthful case. That’s where having an attorney helps.
5. It’s Easier—and Faster—If You Do It Right the First Time
Trying to do this solo with an online template might work for a cooperative ex. But when you’re dealing with a no-show or a stall tactic, every mistake can delay the process or lead to a rejected case.
Avoid the guesswork. Having an attorney ensures the process keeps moving—especially if your spouse is dragging their feet.
Let’s Help You Get Unstuck
Divorce is hard enough without games or delays. If your spouse won’t sign or cooperate, you don’t have to wait indefinitely. You just need a smart, legal path forward.
Ready to take the next step—whether they’re on board or not?
Catherine Ryan, Attorney at Law can help you file, serve, and finalize your divorce the right way.