Afsana Chowdhury | October 14, 2025 | Divorce
Married couples often do not agree on the terms of their divorce — or whether to get divorced at all. One spouse may attempt to be proactive and even establish the terms for a settlement in their divorce case. The other spouse may not be prepared for divorce, may simply want to fight, or may not agree with the terms of the divorce.
If your spouse refuses to sign the divorce papers, that doesn’t stop the process—it just changes how it moves forward. The legal impact depends on which documents they’re refusing to sign. Keep reading to learn more.
Refusing to Accept Service of a Divorce Complaint
The divorce process officially begins when one spouse files a complaint for divorce and a summons, which states that a case has been filed against the other spouse. The complaint sets out that the court has jurisdiction, that you are seeking a divorce, the reasons for seeking the divorce, and what you are requesting from the court.
If you file for divorce, you are responsible for legally serving your spouse with these documents, which is usually accomplished through the sheriff’s office or a private process server.
Your spouse does not have to sign anything when they are served with the papers. The process server completes an affidavit stating that they fulfilled the legal requirements to serve your spouse. Your spouse doesn’t have the legal right to stop you from getting a divorce, and you don’t need their permission to proceed with your case.
What if My Spouse Won’t Cooperate With the Divorce?
It’s not uncommon for one spouse to try to stall or complicate the divorce process—especially if emotions are running high. Even if your spouse refuses to respond or won’t agree to a settlement, your case can still move forward.
Depending on where you are in the process, their refusal may affect things in different ways:
- Ignoring the divorce papers: Once your spouse has been officially served, they have 21 days to respond. If they do nothing, you can ask the court for a default judgment. This means a judge can grant you the things you requested in your complaint—like child custody or support—even without your spouse’s input.
- Refusing to sign a settlement agreement: If your spouse won’t agree to the terms of your divorce, you can’t finalize it through a mutual agreement. In that case, the court will need to hold hearings to decide key issues. This usually takes more time and may be more costly, but it doesn’t stop the divorce from happening.
While no one wants their divorce to become a drawn-out court battle, the law provides a clear path forward—even when one side attempts to obstruct it. With the right legal guidance, you can stay on track and protect your interests at every step.
Contesting a Divorce
If your spouse refuses to cooperate or disagrees with the terms of the divorce, your case may move forward as a contested divorce. This means the court will need to step in and decide key issues like child custody, property division, and support.
While contested divorces typically take more time and resources, many start out this way and are later resolved through negotiation or mediation. If you and your spouse reach an agreement at any point, your case can convert to an uncontested divorce, making the process faster and less expensive.
Contact Chowdury Divorce Law Group for a Consultation With a Fairfax Divorce Lawyer
An experienced Fairfax divorce attorney from Chowdhury Divorce Law Group can help if you served or were served with divorce papers.
For more information, please contact an experienced divorce lawyer at Chowdhury Divorce Law Group to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve in Fairfax County and its surrounding areas:
Chowdhury Divorce Law Group
10805 Main St STE 700A
Fairfax, VA 22030
(703) 271-6519
Our firm is located near you. We have an office in Fairfax
Find us with our GeoCoordinates: 38.8497929, -77.3185772,3047
About The Author
Afsana Chowdhury is the founder of Chowdhury Divorce Law Group, where she is dedicated to protecting the rights of injury victims across Virginia. A George Mason University School of Law graduate, Afsana is licensed to practice in Virginia and has devoted her legal career to personal injury law. She focuses on helping clients, guiding them through divorce, custody disputes, and other complex family matters. With years of experience and a deep commitment to protecting her clients’ rights, she personally handles each case to ensure strong, focused representation.
Location: Fairfax, VA
For more information, please contact an experienced divorce lawyer at Chowdhury Divorce Law Group to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve Fairfax, VA, and its surrounding areas
Law Office of Afsana Chowdhury
10805 Main St STE 700A, Fairfax, VA 22030
