No matter what the reasons behind it, divorce is never an easy process to go through. There are often many emotions that exist between the couple, which can manifest into hiccups during the divorce process in a number of ways. While some couples manage to remain civil and can work out the details of the divorce amicably, there are others who can try to make the process even more stressful than it already is. So what happens if one person won’t sign divorce papers, and how can it be resolved?
Understand the Process
Before you go ahead and get a divorce, it’s important that you understand the process involved so that you can make the right choice for you and your spouse. It may be that you are happy to go with a “bed and board” divorce; that is, where you agree to divide all the assets but you don’t want to remarry. For some couples, this is the best solution, but it means if down the line, one of you wants to remarry, you need to go to the final stage of divorce.
Even when you reach this last stage, there are options that can make the process quicker. If you file a no-fault divorce, then the process will move on regardless of who was at fault, and those issues won’t apply.
Separation Agreements
One of the quickest ways to achieve a divorce is to sign a separation agreement. This has to be signed by both parties and means you are agreeing that you separate. This agreement must be in place for six months if you have no children under 18 years old. If you do, then the agreement must be in place for one year before you proceed. You must be living separately during this time.
If, however, you and your spouse are unable to agree to a separation agreement, then the next step is litigation.
Litigation
Litigation is both stressful and expensive for both people in the marriage. You are able to agree on many of the terms of the divorce, and only litigate those areas you can’t agree upon.
When you enter into litigation, then you can file a complaint immediately if there are fault-based grounds. These grounds can include:
- Desertion
- Bodily Harm
- Felony Conviction
- Adultery
If you want to file a no-fault complaint, then you need to have been separated for one year before doing so.
You can file the complaint with or without the other person’s agreement, the process will still continue and your spouse will then have 21 days to respond to the complaint. If your spouse decided not to respond within that time frame, then you’re legally allowed to continue without any further notice to them. This can be a quick way to get things moving without too much interruption. However, if your spouse does respond within the timeframe, then the proceedings will continue through the court.
Deadlines
Once the proceedings have started, there will be deadlines set for each stage of the divorce that will be set by the court. These dates will be set with or without the agreement of the spouse so that there won’t be too many delays. Once the whole process is completed, you will be granted a divorce and it won’t matter if one party has resisted.
Using an Attorney
Although you can technically go through the divorce proceedings on your own, it’s advisable to go to an attorney as they will be able to advise you regarding the filing of forms and how the law can be used to help you.
If you have a spouse that refuses to sign the divorce papers, then under Virginia law you can still proceed with the divorce after 21 days of filing the complaint.