Are you preparing to end your marriage in Charleston or elsewhere in South Carolina? It is a difficult thing to do. At the same time, it is sometimes the right decision. Unfortunately, an uncooperative or difficult to work with spouse can make the divorce process even more stressful. This raises an important question: **What if my spouse does not sign the divorce papers? **The short answer is you can still move forward with the divorce—but you need to take a proactive approach. In this article, our Charleston divorce lawyer explains your rights and options if your spouse refuses to sign the divorce papers in South Carolina.
You Do Not Need Your Spouse’s Signature to Get a Divorce in South Carolina
First and foremost, it is important to emphasize that in South Carolina you can still obtain a divorce even if your spouse refuses to sign the divorce papers. State law allows you to proceed with the divorce process even if your spouse refuses to cooperate/engage at all.
If Your Spouse Will Not Sign, You are in a Contested Divorce
Most divorces in South Carolina are uncontested divorces. With that, when a spouse will not sign divorce papers, the process becomes contested. The court will decide on key issues such as property division, child custody, and alimony if you and your spouse cannot agree—which includes scenarios where your spouse will not participate in the process—the case is contested.
You Must Officially Serve Divorce Papers on Your Spouse
It is mandatory to serve your spouse officially with divorce papers in South Carolina to proceed with the divorce process. In South Carolina, service of divorce papers typically can be done through the sheriff’s office or a private process server.
Three Paths Your Contested Divorce Could Take (Spouse Will Not Sign Papers)
If your spouse does not sign the divorce papers in South Carolina, you can still get divorced. Your case will typically take one of the following three paths:
- Spouse Changes Mind, Agrees to Negotiate Uncontested Divorce: If your spouse decides to cooperate after initially refusing to sign, both of you can negotiate the terms of an uncontested divorce.
- Spouse Never Engages With Process (Default Divorce): Should your spouse fail to respond to the divorce summons within the stipulated time, you may pursue a default divorce. A court can grant you a divorce on your terms.
- Spouse Files Answer, and Divorce Litigation Begins: Finally, if your spouse responds by filing an answer, your divorce will proceed to the litigation phase.
Get Help From Our Charleston Divorce Attorney Today
At Query Sauter & Associates, LLC, our Charleston divorce lawyers are standing by, ready to help. If you have any questions about your options if your spouse will not sign divorce papers, we are here to help. Give us a call now or contact us online for a fully confidential case review. With an office in Charleston, we provide family and divorce services throughout the surrounding region.