Divorce is hard enough when both people agree.
But what happens when one spouse won’t cooperate?
Maybe they won’t sign. Maybe they’re avoiding the conversation altogether. Maybe they’ve moved and won’t respond at all.
Here’s the good news:
In Georgia, your divorce can still move forward—even if your spouse refuses to sign anything.
Let’s break it down in simple terms.
You Don’t Need Their Signature to File
The first thing to know is: you can file for divorce without your spouse’s permission.
Georgia is a no-fault divorce state, which means you don’t need to prove anyone did something wrong to get divorced. You simply need to show that the marriage is “irretrievably broken.”
- You don’t need their agreement to start.
- You don’t need their signature to file.
- You don’t even need to be living apart (though you do need to be legally separated).
What If They Refuse to Respond After Filing?
Once you file for divorce, your spouse must be formally served with the papers—usually by a sheriff or process server. Then, they have 30 days to respond.
Here’s where it gets tricky—if they:
- Ignore the papers
- Refuse to sign anything
- Don’t show up in court
Then you may be able to move forward with a default divorce.
That means if they don’t respond, the judge can still grant the divorce based on your terms—as long as they’re fair and follow Georgia law.
What If They Can’t Be Found?
Sometimes, people disappear—or actively avoid being served. If this happens, you can ask the court for permission to serve them through publication.
That means you post a legal notice in a local newspaper for several weeks. If they don’t respond, your case can move forward without them.
🛑 It’s more complicated, but it is possible—and we can help with that process.
Can They Delay the Divorce Forever?
No.
Even if your spouse is dragging their feet, they can’t stop you from getting divorced. They might be able to slow things down for a little while, but they can’t block it completely.
The court won’t force you to stay in a marriage just because the other person won’t cooperate. If they don’t show up or respond, the court can—and often will—grant the divorce anyway.
What You Can Do Right Now
If you’re feeling stuck because your spouse won’t sign, here’s what you should do:
Talk to a lawyer who knows Georgia divorce law
Every case is different, and having someone guide you through the next steps makes all the difference.
Gather your information
Start collecting documents about income, debts, property, and children. This helps build your case.
Stay calm and take control
It’s frustrating, but you don’t have to stay stuck. Georgia law gives you a path forward—even if they won’t participate.
You Can Still Move Forward—We’ll Help You Get There
If your spouse is refusing to sign, avoiding the process, or just being difficult, you don’t have to wait around forever.
Catherine Ryan, Attorney at Law, helps people move forward with clarity—even when the other person is doing everything to slow things down.
Click here to schedule a consultation with Catherine Ryan
We’ll walk you through your options, protect your rights, and help you take the next step—on your terms.