It is possible to resolve almost any issue that arises during a divorce through an agreement between spouses. However, if couples were able to cooperate easily, they likely wouldn’t be seeking a divorce in the first place. While a spouse’s refusal to cooperate or refusal to sign divorce papers can delay the process, it cannot stop a divorce from proceeding in Delaware Family Court.
What Happens If Your Spouse Won’t Sign the Divorce Papers?
The first obstacle in an uncontested divorce becomes a contested divorce when one spouse refuses to sign. The process starts with serving the Petition for Divorce. If the other spouse does not voluntarily accept service, a process server will attempt to personally deliver the Petition. If those efforts fail, service by publication—usually on the Delaware Family Court’s website—is an option to move the case forward.
Can the Divorce Proceed Without Their Consent?
Yes. Once proper service is completed, the divorce case may proceed, and a Decree of Divorce can be granted even over a spouse’s objections. Under Delaware divorce law, spouses must be separated for six months and the marriage must be considered an irretrievable breakdown. Separation can occur even if both parties live in the same household—as long as they occupy separate bedrooms and no longer maintain a sexual relationship.
What If Your Spouse Ignores the Divorce Process?
After the Decree of Divorce is entered, the court will address any outstanding issues, including property division, alimony, and other economic relief, regardless of one party’s refusal to participate. If a spouse continues to be non-cooperative, the Family Court may impose legal consequences, including:
- Sanctions
- Awards of attorney’s fees
- Adverse inferences
- Default judgments
Bottom Line: You Can Still Get Divorced
In short, ignoring a divorce petition does not prevent the divorce from happening. If your spouse refuses to sign or participate, you still have legal options to move forward with the help of an experienced divorce attorney in Delaware.
Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294
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