Can I Still Get a Divorce if My Spouse Won’t Sign the Paperwork?

It is not uncommon for the defendant spouse in a divorce to refuse or fail to sign the paperwork necessary to obtain a divorce by mutual consent. Sometimes, the defendant spouse might simply be forgetful, while in other cases, the defendant spouse might refuse to sign either because they contest the divorce or because they don’t want to “make things easier” for the plaintiff spouse. No matter what the reason, it is possible to obtain a divorce with only one spouse’s consent in Pennsylvania.

If only one of the spouses is willing or able to sign paperwork to finalize a divorce, the divorce typically cannot be granted until the spouses have been separated for at least one year, at which point either spouse may file to finalize the divorce without the other’s consent after filing certain documents and notifying the other spouse appropriately. An exception to this one-year separation requirement is made for abuse cases; if the non-consenting spouse has been convicted of a personal injury crime against the other spouse, the injured spouse may file to finalize the divorce without their consent at any time.

In cases where the spouse who failed to sign never responds to the paperwork, or indicates their consent, the divorce will be finalized after filing the appropriate paperwork. If the spouse who failed to sign contests the divorce or asserts economic claims to the Court, the divorce process is delayed while the Court deals with the claims that they make. Ultimately, the Court will never require a spouse who wants to divorce to remain married simply because the other spouse opposes the divorce, but the Court may delay the process to require up to three sessions of marriage counseling or to address economic claims first.

If you would like to discuss your unique divorce matter in more detail with one of our attorneys, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.