Can You Divorce Without the Other Person Signing in Washington?

Are you ready to move forward with a divorce — but your spouse won't sign the papers? You might be at a loss for what to do next. Can you still get divorced if your spouse refuses to sign? The short answer is yes, you can. In Washington State, one spouse's refusal cannot indefinitely block a divorce.

While the process is smoother when both parties cooperate, you can move forward with a divorce even if your spouse refuses to work with you. In this article, our Spokane divorce attorney explains what happens if one spouse will not sign divorce papers.

Do I Need My Spouse's Signature for a Divorce in Washington?

You do not need your spouse's signature for a divorce in Washington. Washington is a no-fault state, which means that both spouses need not agree to the divorce for the court to grant it. If your spouse explicitly states that they will challenge the divorce and refuses to sign papers, it doesn't matter. The court can still issue a final divorce decree without both parties agreeing. However, an experienced divorce attorney is essential to help you navigate the waters when one spouse fails to cooperate.

What to Do If Your Spouse Won't Sign the Divorce Papers: Your Legal Options in Spokane, WA

Don’t let your worries take over. Your spouse’s refusal to sign doesn't stop the divorce. However, the legal process is a little more complicated — and it may take more time. An experienced Spokane divorce lawyer can help you with your next steps, which may include service by publication and seeking a default divorce.

Filing a Petition for Dissolution of Marriage Without Your Spouse

In Washington State, a couple can file joint divorce papers if the parties agree on the issues. When an option, this is generally the most efficient way to end a marriage. A divorcing couple can agree to an uncontested divorce settlement and they can both sign the papers so that the process can move forward to a final decree.

That being said, you do not need your spouse’s signature to initiate the divorce process in Washington. One spouse can file a Petition for Dissolution of Marriage by themselves. By doing so, you are starting the legal process of divorce.

Serving Divorce Papers on an Uncooperative Spouse

When you file divorce papers by yourself, your spouse has the right to notice. Put another way, your divorce papers must be “served” on the other party. As a general rule, it is best to work with a professional process server when delivering official divorce papers (legal notice) to an uncooperative spouse.

To be clear, the divorce process cannot start to move forward until divorce papers have been properly served within a certain time limit on the spouse that refuses to sign the divorce papers and he/she has been given adequate time to review and respond.

Default Judgment: When Your Spouse Doesn't Respond

What happens if your spouse simply never responds to the divorce papers? In Washington, the answer is that you can divorce anyway. Washington is a no-fault divorce state. Although an uncooperative spouse can slow down the divorce process and make things more frustrating by not cooperating with the filing, he or she cannot stop a divorce by refusing to sign the paperwork.

The spouse's consent is not needed. Once a divorce petition has been filed, papers have been properly served, and adequate time has been given for a response, the court can move forward with a default judgment.

What Does Washington State Law Say About Divorcing When I Cannot Locate My Spouse?

When you cannot find your spouse to serve divorce papers, Washington law provides for a process called "service by publication."

‍This involves four steps:

• Demonstrating to the court that you've made diligent efforts to locate your spouse.
• Obtaining court permission to publish a notice of the divorce in a local newspaper.
• Publishing the notice for a specified period (usually four consecutive weeks).
• Providing proof of publication to the court.

After you complete these steps, the court can proceed with the divorce even if your spouse never responds.

What to Expect When Your Lawyer Handles a Contested Divorce

When your spouse refuses to cooperate or compromise, your divorce may become contested. Struggling through a contested divorce without legal representation is not a good idea — nor is it anyone’s idea of a good time. A contested divorce attorney can lend a listening ear and act as your advocate, handling tasks such as:

• Negotiating divorce terms: Your attorney will work toward fair terms on all aspects of your divorce, from property division to child custody arrangements.
• Representing you in court: If negotiations fail, your lawyer will advocate for your interests before a judge.
• Meeting all legal requirements: Divorce involves numerous legal procedures and deadlines, which your attorney will keep track of and manage for you.
• Protecting your rights: In matters like property division, child custody, and spousal support, your lawyer can put forth sound legal arguments to safeguard your future.

While a DIY divorce may seem cost-effective, it often leads to complications and delays. Hiring an experienced attorney can save you time, stress, and money.

Timeline and Requirements for Divorce in Washington

Here's what you need to know about the timeline and requirements for divorce in Washington.

90-Day Waiting Period

Washington has a mandatory 90-day waiting period from the date you file for divorce before it can be finalized. This "cooling off" period applies even if both parties agree on all terms.

Washington Residency

At least one spouse must be a resident of Washington at the time of filing for divorce. There's no specific length of residency required, but you must intend to remain in the state.

Court Jurisdiction

In order for certain legal orders to be valid, the court must have personal jurisdiction over your spouse. This means that your spouse must live in Washington or have lived there at some point during your marriage.

Protecting Yourself During the Divorce Process

If you’re trying to divorce an uncooperative spouse, it’s vital to protect yourself. Here are some crucial steps to safeguard your interests:‍

• ‍Document all communication: Keep records of all interactions with your spouse, including emails, text messages, and notes from phone calls or in-person conversations.
• Prioritize your safety: If your spouse has been abusive, consider seeking a restraining order.
• Be cautious about social media use: Avoid posting anything that could be used against you in court, or consider temporarily deactivating your accounts.
• Consult with your attorney before making any major decisions: Whether you want to move out of the marital home or make a large purchase, always seek legal advice.
• Consider mediation: Even in contentious divorces, mediation can sometimes help resolve issues more amicably and cost-effectively.

By following these guidelines and working closely with your attorney, you can protect your rights even when you’re dealing with an uncooperative spouse.

Ready to Move Forward with Your Divorce?

Navigating a divorce with an uncooperative spouse can be challenging, but you don't have to face it alone. At Hodgson Law Office, our experienced divorce attorneys are here to guide you through the process, protect your rights, and help you move forward. Contact us today to schedule a free consultation and take the first step towards resolving your divorce, even if your spouse refuses to sign the papers.