When One Signature Stands Between You and Moving On
Divorce is never easy—but it gets even more complicated when your spouse refuses to sign the papers. Maybe they’re avoiding the conversation, stalling out of spite, or simply hoping you’ll change your mind. Whatever the reason, their refusal can leave you feeling stuck in limbo. The good news? In Georgia, refusing to sign doesn’t always stop the divorce process.
Let’s break down what really happens—and what options you have.
What Does “Refusing to Sign” Really Mean?
In Georgia, an uncontested divorce requires both parties to agree on all major issues:
- Division of property
- Child custody and support (if applicable)
- Alimony
- Debt allocation
If your spouse refuses to sign the settlement agreement—or won’t respond at all—your case can no longer be considered “uncontested.” But that doesn’t mean you’re trapped in your marriage forever.
Option 1: Try to Reach Agreement Again
Sometimes, a spouse won’t sign because they don’t understand the terms—or feel like they’re being shortchanged. A skilled attorney can help clarify the process, renegotiate terms if needed, and get the agreement signed. Mediation may also help, especially if both sides want to avoid a drawn-out court battle.
💡 Tip: If your spouse is just dragging their feet, having a clear deadline and legal support often encourages progress.
Option 2: Proceed With a Contested Divorce
If your spouse still refuses to participate, Georgia law allows you to move forward with a contested divorce. That means:
- You file and serve your spouse the divorce petition.
- If they don’t respond in 30 days, the court may grant you a default divorce—essentially approving your terms without their input.
- If they do respond, the case moves to court for a judge to resolve the disputes.
While it takes longer and may require a hearing, a contested divorce ensures you’re not left in legal limbo indefinitely.
Why Some People Refuse to Sign
Understanding your spouse’s motivation can help you prepare. Common reasons include:
- Emotional resistance – They’re not ready to accept the marriage is ending.
- Financial concerns – They fear losing assets or paying support.
- Control – They believe they can prevent the divorce by refusing to participate.
- Lack of understanding – They think not signing gives them the upper hand.
The truth? Refusing to sign doesn’t stop the legal process—it just complicates it.
When Silence = Agreement
In Georgia, if your spouse is properly served with divorce papers and fails to respond within the required time, the court may assume they have no objection. That means you can still finalize your divorce—even without their signature.
You’ll need:
- Proof of service (sheriff or private process server)
- An affidavit showing your efforts to notify them
- To present your case clearly to a judge
This can result in a default judgment that grants you the divorce on your terms—especially if you’ve made reasonable, equitable proposals.
Protecting Yourself Legally
Whether your spouse is uncooperative or just silent, it’s important to protect yourself by:
- Working with an attorney who understands local court procedures
- Keeping detailed records of communication
- Following all required steps for notice and service
Remember: divorce isn’t just emotional—it’s a legal process that affects your future, your finances, and (if applicable) your children.
You Don’t Need Their Signature to Move Forward
If your spouse won’t sign, don’t panic—and definitely don’t give up. Georgia law offers clear paths to move forward, even when one person isn’t cooperating. With the right guidance, you can still find closure, finality, and peace.
📞 Ready to Move Forward—With or Without Their Signature?
Let’s talk. We’ll guide you through your options and help you take the next step—whether your spouse is on board or not.
Contact Catherine Verdery Ryan, Attorney at Law