When you’re ready to move forward with a divorce but your spouse isn’t on the same page, things can feel frustrating fast. You might wonder if your spouse has the power to stop the divorce entirely—or if you’re stuck waiting indefinitely. The good news? Arizona law provides a clear path forward, even if your spouse does not sign or refuses to respond to divorce papers.
This article explains what happens if your spouse refuses to sign divorce papers in Arizona and how an experienced family law attorney can assist. We’ll walk you through the key steps of the divorce process, what to expect if your spouse avoids service, and how you can still move forward, even without their signature. If you’re dealing with an uncooperative spouse, the information here will help you understand your rights and your next move.
Here’s what this article will cover:
- Arizona is a No-Fault Divorce State
- What Happens If Your Spouse Won’t Sign Divorce Papers?
- Serving Divorce Papers in Arizona
- What If a Spouse Avoids Service? (Service by Publication)
- Understanding Default Divorce in Arizona
- How Covenant Marriage Impacts the Divorce Process
- Can a Spouse Delay the Divorce by Responding Late?
- Uncontested vs. Contested Divorce in Arizona
- 6 FAQs About Divorce When a Spouse Refuses to Sign
- Contact the Law Offices of Daniel Hutto
At the Law Offices of Daniel Hutto, our experienced divorce attorneys have guided countless clients through contested divorces, default cases, and situations where one spouse refuses to cooperate. We’re here to help you take control of the process and reach a fair outcome under Arizona law.
How an Arizona Family Law Attorney Can Help
Our Phoenix Family Law Attorneys are Here to Help!
Arizona is a No-Fault Divorce State
Arizona is a no-fault divorce state, meaning that the court does not require either spouse to prove wrongdoing, such as infidelity or abuse, to grant a divorce.
Instead, it’s enough for one spouse to state that the marriage is “irretrievably broken.”
That standard applies to most divorces, except in special cases like covenant marriages (more on that later). This is an important foundation because it means you can get a divorce even if your spouse does not want one. In other words, refusing to sign divorce papers does not give your spouse the power to stop the divorce from happening.
Whether your spouse is dragging their feet, ignoring the paperwork, or actively trying to interfere, the Arizona courts provide procedures to move forward without their participation.
What Happens If Your Spouse Won’t Sign Divorce Papers?
The simple answer is: you can still get a divorce.
Arizona law does not require both spouses to sign divorce papers for the court to grant a divorce. While it’s ideal for both parties to cooperate in an uncontested divorce, it’s not a requirement.
Here’s how it typically plays out:
- One spouse (the filing spouse) starts the process by submitting a divorce petition.
- The other spouse must be legally served with divorce papers, especially when one spouse files for divorce.
- If the other spouse refuses to sign or respond, the court may initiate divorce. Default divorce.
So even if your spouse won’t sign the divorce papers, it won’t stop the case. As long as the court’s legal requirements are followed, the divorce process can continue without their cooperation.
Serving Divorce Papers in Arizona
Once a divorce petition is filed, Arizona law requires that the filing spouse serve the divorce papers on the other party within 120 days. This is known as service of process, ensuring that the non-filing spouse knows the case.
Standard methods of serving divorce papers in Arizona include:
- Personal service through a process server or sheriff
- Acceptance of service, where the spouse signs an acknowledgment
- Certified mail, in some limited cases
If your spouse does not want to sign the acceptance of service, a process server can still serve the documents directly. The key is that your spouse must be appropriately notified—not that they agree or want to sign.
What If a Spouse Avoids Service? (Service by Publication)
Sometimes a spouse tries to avoid being served with divorce papers by refusing to answer the door, ignoring mail, or even leaving town. If the filing spouse cannot locate or personally serve the other party despite making reasonable efforts.
Arizona law allows for an alternative method called service by publication.
This involves publishing a legal notice in a newspaper for four consecutive weeks. If the spouse still does not respond, the court may allow the case to proceed as a default divorce, meaning the filing spouse can move forward without the other’s participation.
Here’s how it works:
- You must show the court that you diligently tried locating and serving your spouse.
- If personal service isn’t possible, you can request court approval to publish a legal notice in a newspaper.
- The notice must run for four consecutive weeks. The spouse may be required to respond to divorce papers in the county where the case is filed.
- You can proceed with a default divorce after the publication period ends and no response is filed.
While this route takes longer and may require more documentation, it prevents an uncooperative spouse from stalling or avoiding the divorce process indefinitely.
Understanding Default Divorce in Arizona
A default divorce happens when the responding spouse refuses to participate or fails to respond within 20 days of being served (30 days if they live outside Arizona).
Here’s what happens:
- You file an Application for Default with the court.
- If your spouse doesn’t respond, the court schedules a default hearing.
- You attend the hearing and present your case.
- The judge can then issue a default judgment if the spouse does not sign or respond to divorce papers. The judge can then issue a divorce decree based on your proposed terms.
This can include:
- Division of property and debts
- Child custody and parenting time
- Child support or spousal maintenance
Even if your spouse won’t sign the divorce papers, the court can grant a divorce and issue enforceable orders.
How Covenant Marriage Impacts the Divorce Process
Arizona recognizes covenant marriage, a more restrictive type that limits the grounds for divorce. To get divorced if you enter a covenant marriage, you must meet specific legal criteria.
Valid grounds for divorce in a covenant marriage include:
- Adultery
- Abandonment
- Domestic violence
- Long-term separation
- Drug or alcohol abuse
If your covenant marriage spouse refuses to sign and you don’t meet one of the legal grounds, the court may not grant a divorce right away, even if one spouse files.
That said, covenant marriages are relatively rare in Arizona. If you’re unsure whether you’re in one, a family law attorney can help you confirm and explain your legal options.
Can a Spouse Delay the Divorce by Responding Late?
Yes, but only temporarily.
If your spouse responds after the 20-day deadline but before the court grants a default judgment, they may be able to file a motion to set aside the default.
Judges can allow this if the delay was unintentional or caused by circumstances like illness or travel.
However, this doesn’t allow your spouse to stop the divorce altogether. Even if your spouse responds late, the divorce can still proceed—it may just become a contested divorce instead of a default.
Uncontested vs. Contested Divorce in Arizona
If both spouses agree to the divorce and its terms, it’s considered uncontested. These cases are generally faster and less expensive.
However, when one spouse refuses to sign or participate, the divorce becomes contested or may proceed by default.
In a contested divorce, one spouse files while the other may not cooperate.
- Both sides submit evidence
- There may be hearings or even a trial
- A judge decides unresolved issues like property division or parenting time
An experienced divorce attorney is crucial in contested cases to ensure your rights are protected and your voice is heard in court.
6 FAQs About Divorce When a Spouse Refuses to Sign
⑴ What happens if my spouse won’t sign divorce papers in Arizona?
You can still get a divorce. Arizona does not require your spouse’s signature to finalize the process. The court may grant a default divorce if your spouse doesn’t respond after being properly served.
⑵ How long do I have to wait after serving divorce papers?
Your spouse has 20 days to respond if they live in Arizona, or 30 days if they live out of state. After that, you can request a default judgment.
⑶ What if I can’t find my spouse to serve them?
If you’ve made reasonable efforts to locate your spouse, the court may allow service by publication. You’ll publish a legal notice in a newspaper for four weeks before seeking a default.
⑷ Can my spouse block the divorce entirely?
No. Arizona is a no-fault state, so your spouse cannot prevent the divorce simply by refusing to sign or participate.
⑸ How long does a default divorce take?
A default divorce typically occurs when one spouse files and the other does not respond. It typically takes 60 to 90 days, depending on court schedules and whether the process moves forward smoothly.
⑹ Can we switch to an uncontested divorce later if we agree?
Yes. If your spouse changes their mind and agrees to the terms, you can convert the case to an uncontested divorce and potentially avoid a hearing.
Contact the Law Offices of Daniel Hutto
At the Law Offices of Daniel Hutto, we understand that not every divorce is cooperative, and that’s okay. Whether your spouse refuses to respond, tries to delay the case, or doesn’t want to sign the divorce papers, we’re here to ensure your case moves forward.
Daniel Hutto brings experience as a former prosecutor and a seasoned family law attorney. He’s handled contested divorces, default cases, and high-conflict divorce proceedings throughout Maricopa and Pinal County, ensuring clients understand their options when a spouse does not sign. Our firm provides:
- Free consultations with an experienced divorce attorney
- Personalized legal strategies tailored to your situation
- Strong relationships with Arizona family courts
- Consistent communication and compassionate guidance
Call us today at 602 536-7878 or reach out through our online contact form to schedule your free consultation. Even if your spouse refuses to cooperate, we’ll help you confidently move forward.
