What Happens if One Party Refuses to Sign Divorce Papers in New York?

The marriage may have ended long ago in your mind, but your spouse still refuses to sign the divorce papers. You’ve made the difficult decision to move forward, yet their silence or stalling keeps you stuck in limbo. At some point, you may find yourself asking, “what happens if one party refuses to sign divorce papers?”

In New York, the answer works in your favor. You don’t need their signature to start or finish the divorce process. State law allows the court to move forward, even if your spouse won’t cooperate. In this blog, you’ll learn what happens when one spouse won’t sign, what options you have under New York law, and how the divorce process plays out when cooperation is off the table.

New York Offers Both No-Fault and Fault-Based Divorce

New York allows both no-fault and fault-based divorce, but most people today file under the no-fault option. This means you don’t need your spouse to agree that the marriage is over or prove misconduct in court.

If one spouse swears under oath that the marriage has experienced an “irretrievable breakdown” for at least six months, that’s enough to start the legal process. This no-fault ground is the most common because it avoids the time and cost of proving fault.

You can still file for divorce and finalize it, even if your spouse refuses to sign or participate. The case will proceed through the New York Supreme Court in the county where you file, and the court can eventually issue a judgment with or without your spouse’s cooperation. If you’re wondering what other options exist besides no-fault, here’s a closer look at the legal grounds New York law allows.

Legal Grounds for Divorce in New York

New York law also recognizes several fault-based grounds for divorce. These include:

• Abandonment for one year or more
• Cruel and inhuman treatment
• Adultery
• Imprisonment for three or more consecutive years
• Living separate and apart pursuant to a written separation agreement for at least one year

Although these fault-based grounds still exist under New York law, most people choose no-fault divorce. It avoids the need to prove wrongdoing and usually leads to a faster, less expensive process. Knowing your legal grounds is one thing, but what happens if your spouse won’t even respond? Fortunately, New York law gives you a way forward.

Your Spouse Can’t Stop the Divorce by Refusing to Sign

It’s a common misconception that both spouses must sign divorce papers for the process to move forward. In reality, if one party refuses to sign or participate, the court can still grant the divorce after following proper procedures.

This is called a default divorce. If your spouse fails to respond to the Summons and Complaint within the 20- or 30-day deadline, you can ask the court for a default judgment. The judge may proceed without input from the non-participating spouse.

However, a default divorce may still require a court appearance, especially if issues like custody, child support, or spousal maintenance are involved. Depending on whether your spouse chooses to participate, your case will move forward as either uncontested, contested, or by default. Here’s how those paths differ.

Uncontested Divorce vs. Contested Divorce

Whether your spouse participates or stays silent affects what kind of divorce process you’ll go through. If they cooperate, the case may move forward quickly. If they fight or ignore it entirely, the court will treat it as contested or proceed by default.

Uncontested Divorce

If your spouse ultimately signs the papers and agrees to the terms of the divorce, you can proceed with an uncontested divorce. These cases generally involve:

• A written agreement on property division, child custody, and support
• Shorter timelines
• Less time in court

Uncontested divorces are typically resolved more quickly and at lower cost. They’re especially common when couples have no minor children or significant assets.

Contested Divorce

If your spouse disagrees on major issues or simply refuses to engage, your divorce becomes contested. This requires a formal legal process involving:

• Filing of motions
• Discovery of financial and family matters
• Court appearances
• Possible trial

Contested divorce cases often involve issues like:

• Custody and visitation of children
• Spousal support (also known as maintenance)
• Property division under equitable distribution
• Temporary orders for support or restraining contact

You don’t need your spouse’s agreement. You just need to follow the steps outlined in New York law. Regardless of whether your divorce is contested or uncontested, your case will move through New York’s court system, which may involve two different courts.

The Role of the Family Court and the Supreme Court

Family law matters in New York may involve two court systems:

• Family Court handles child custody, support, and domestic violence issues but does not grant divorces.
• The Supreme Court is the only court that can issue a divorce decree in New York State.

Often, a divorce case will be filed in Supreme Court, with temporary custody or support issues addressed in Family Court if necessary. Working closely with a Long Island family law lawyer who understands the local court procedures is important when multiple courts are involved. If your spouse tries to delay or derail the process, you still have options. The court can issue legally binding decisions that protect your children and your finances.

Custody and Support Orders Can Still Be Enforced

Even if your spouse tries to delay or derail the divorce, the court can still make legally binding decisions about your children and finances.

The court can issue orders covering:

• Custody and parenting time: Judges consider the best interests of the child. One parent’s refusal to participate may work against them.
• Child support: Calculated using New York guidelines based on income and number of children.
• Spousal maintenance: May be temporary or permanent, depending on the marriage’s length and financial circumstances.

The court can enforce these orders through wage garnishment, property liens, or other methods if the noncompliant spouse refuses to follow them. Of course, before the court can issue any orders, your spouse has to be served with the divorce papers. But what if your spouse tries to avoid being served?

What If Your Spouse Tries to Avoid Being Served?

Another tactic sometimes used by a reluctant spouse is avoiding service of the divorce papers. New York law requires you to serve the initial documents personally. If your spouse avoids service, the court may allow alternative methods.

Options include:

• Service by publication in a newspaper
• Posting at a courthouse or last known address
• Electronic service with court approval

Service by publication is often a last resort. It can be costly and take longer to complete, so judges may require you to try other options first.

If you can show good faith efforts to locate and serve your spouse, and the court approves an alternate method, your case can still move forward. Once service is complete, whether personal or alternative, the court can address the remaining divorce issues, including the division of marital property.

Property Division Will Proceed Without Input

In contested or default divorce cases, the court will divide marital property under New York’s equitable distribution rules. This means:

• Property is not automatically split 50/50
• The court considers factors like length of marriage, financial and non-financial contributions, and future earning potential

If your spouse doesn’t participate, the court will make decisions based on the information you present. You may need to provide:

• Financial affidavits
• Tax returns
• Bank and retirement account statements

If you and your spouse already created a separation agreement before filing, that document may shape how the divorce proceeds, even if they won’t sign now.

What Happens If You Already Have a Separation Agreement?

If you and your spouse signed a legally valid separation agreement but they refuse to sign the divorce papers later, you can still proceed. New York allows divorce after living separate and apart for at least one year under a written agreement.

Whether you’re dealing with a separation agreement, service issues, or a contested case, divorce gets more complicated when your spouse refuses to cooperate. That’s when experienced legal representation makes a difference.

When Legal Representation Matters

Divorce becomes more complicated when your spouse refuses to cooperate. If you’re facing delays, stonewalling, or contested legal issues, it’s important to have someone on your side who understands matrimonial law and how New York courts work.

A skilled New York divorce lawyer can:

• Prepare strong legal filings
• Request default judgment if your spouse is unresponsive
• Seek temporary court orders for support or custody
• Represent you during hearings and settlement talks
• Present evidence for fair division of assets and debts

You Don’t Have to Wait for a Spouse Who Won’t Sign

When your spouse won’t sign the divorce papers, it can feel like you’re stuck in place. But in New York, you don’t need their cooperation to take the next step. At Hedayati Law Group, P.C., we help people across Suffolk County, Nassau County, and New York City move forward with divorce, even when the other side refuses to cooperate.

Whether you’re dealing with silence, stonewalling, or full-blown contested litigation, our New York divorce lawyers know how to push a case forward. Our team is experienced in default divorces, child custody disputes, support enforcement, and property division involving spouses who won’t participate.

Call us today at (516) 334-4100(516) 334-4100 or fill out our confidential online form to schedule your free consultation. We’ll walk you through your legal options and develop a strategy that works for your situation.

We’re here to protect your rights so you can move forward on your terms.

Copyright © 2025. Hedayati Law Group, P.C.  All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Hedayati Law Group, P.C.
666 Old Country Road, Suite 444
Garden City, NY  11530
(516) 334-4100(516) 334-4100
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