Divorce can be emotionally and legally challenging—especially when one spouse refuses to cooperate. If your spouse won’t sign the divorce papers, you may feel stuck, but Washington State law provides ways to move forward even without their consent. Here’s what you need to know about proceeding with a divorce when your spouse won’t cooperate.

Does My Spouse Have to Agree to the Divorce?

No. Washington is a no-fault divorce state, meaning you don’t need your spouse’s permission to end the marriage. If one party wants a divorce, the court will grant it, even if the other spouse objects. The primary legal requirement is that the marriage is “irretrievably broken.”

File for Divorce Anyway

If your spouse refuses to Sign Divorce Papers or to participate, you can still initiate the divorce process by filing a Petition for Dissolution of Marriage in the appropriate Washington court. Your spouse will be served with divorce papers and given a deadline to respond.

Serve Your Spouse Properly

Your spouse must receive formal notice of the divorce proceedings. This is typically done by:

  • Personal service (a process server or sheriff delivers the papers)
  • Certified mail (if allowed by the court)
  • Publication (if your spouse cannot be found)

If they avoid service, you may request alternative service methods from the court.

What Happens If Your Spouse Ignores the Divorce Papers?

If your spouse does not respond within the required timeframe, you can request a default judgment from the court. This means the divorce will proceed without their input, and the court may rule in your favor regarding property division, spousal support, and custody.

Contested Divorce: What If Your Spouse Fights the Divorce?

If your spouse actively contests the divorce, the process can become more complicated. A contested divorce involves court hearings, negotiations, and potentially a trial. Having an experienced attorney can help protect your rights and ensure a fair outcome.

Finalizing the Divorce Without Cooperation

Even if your spouse delays the process, they cannot prevent the divorce from happening. Once the necessary steps are completed, the court will issue a final divorce decree, legally dissolving the marriage.

If your spouse refuses to sign divorce papers or is making the process difficult, the Law Office of Erin Bradley McAleer can help. Contact us today for a consultation to discuss your legal options and take the next step toward a fresh start.