Legal Options if Your Spouse Refuses to Sign Divorce Papers
Feb. 6, 2026
When a spouse refuses to sign divorce documents, the process can feel stalled and personal. You may be left wondering what options you have and whether you can still move forward without their cooperation.
At the James B. Bennett Law Office in El Dorado, Arkansas, I help clients in South Arkansas work through these situations and file the right paperwork to keep the process moving. If your spouse won’t sign, you don’t have to wait forever or give up your goals for the future. Call me today to discuss your case and next steps.
How Divorce Papers Are Served and What Refusal Means
Divorce documents typically must be properly served before the court can proceed. In Arkansas, service is usually done by a process server, sheriff, or a certified method approved by the court. If your spouse refuses to accept the papers, the process server can still complete service by following state rules.
Refusal doesn’t stop the divorce from proceeding, but it can affect the timeline. If your spouse denies receiving the paperwork, you may need to provide proof of service or request alternative service methods. This is one of the first places I help clients, making sure the divorce documents are filed correctly and the court has everything it needs to proceed.
What Counts as Proper Service
When a spouse refuses to sign, the court will want proof that they were properly notified. Some common methods include:
Personal service: The spouse is handed the documents directly.
Service by mail: Certified mail with return receipt can be used if allowed by the court.
Service by publication: If the spouse can’t be located, the court may allow notice in a newspaper.
If the service method is incorrect, the divorce may be delayed. I help clients confirm the correct method and file the proof of service so the case keeps moving.
Filing for Divorce Without a Spouse’s Signature
In Arkansas, you don’t always need your spouse’s signature to file for divorce. You can still file the initial divorce documents and move forward if your spouse won’t cooperate. The court will then set a schedule for the next steps, including hearings or mediation.
One common route is to file for divorce as a “contested” case. This means the court will need to resolve the issues you and your spouse can’t agree on. Even if your spouse won’t sign, you can still ask the court to address matters like property division, child custody, and support.
What Happens Next After Filing
Once the divorce documents are filed and served, you may need to take additional steps depending on your situation:
Request a hearing: The court can set a hearing date to review the case.
Ask for temporary orders: If you need immediate relief for custody, support, or property access, you can request temporary orders.
Prepare financial disclosures: Courts often require both parties to share financial information.
I guide clients through each step so they’re not left guessing what comes next. Having a clear plan early on can help reduce delays and keep the case moving forward.
Common Legal Options When Your Spouse Refuses to Sign
If your spouse won’t sign divorce documents, you still have several legal options. You can pursue a contested divorce, where the court sets hearings and may require mediation to resolve disputes. If your spouse ignores the case, you may request a default judgment to proceed without their participation.
Mediation or alternative dispute resolution can also help reach an agreement without a full trial. Finally, the court can order alternative service methods or deadlines if your spouse is avoiding cooperation. Each option has different timelines and requirements, so choosing the right path depends on your situation and goals.
How the Court Handles Property, Custody, and Support
Even if your spouse won’t sign, the court still needs to address the key issues of divorce. With guidance from an experienced divorce lawyer, the court in Arkansas will divide property fairly and make decisions based on the best interests of the children.
Property Division
Property division can be one of the most important parts of a divorce. The court looks at factors such as:
Length of the marriage: How long the couple had been married.
Financial contributions: Who earned and contributed to assets.
Non-financial contributions: Homemaking or caregiving roles.
Future financial needs: Income, age, health, and earning potential.
I help clients gather evidence of property ownership and financial contributions so the court has a clear picture. This preparation can make a significant difference when the court is deciding how to divide assets fairly.
Child Custody and Support
Child custody and support are often urgent matters. If your spouse won’t sign divorce documents, the court will still set a custody plan based on the child’s best interests. Support orders can also be set to cover basic needs. I work with clients to present information that supports their parenting goals and to request fair support arrangements.
Legal Support When Divorce Documents Are Refused
If your spouse refuses to sign divorce documents, you may feel unsure about what comes next. You don’t have to wait indefinitely for the process to move forward.
I can help you review your options and file the necessary paperwork. I serve clients throughout South Arkansas. If you need help with divorce documents, call me at the James B. Bennett Law Office in El Dorado.