Asked in Divorce for Washington

Q: What to do if my spouse does not want to sign divorse papers?

Related Topics:
2 Lawyer Answers
Marc Andrew Moses
PREMIUM
Marc Andrew Moses
Answered
  • Gig Harbor, WA
  • Licensed in Washington

A: When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of the divorce you are asking for. Without your spouse's agreement, unfortunately you have to take further steps. Have you had a settlement conference? With a filed dissolution case, you can ask the clerk to schedule a settlement conference, which your spouse (and you) would need to attend. If at the settlement conference you are unsuccessful in resolving the issues, a trial date will be set. Having a trial date set has a way of lighting a fire under the parties. All of these things may have a hand in arriving at a "settlement on the courthouse steps," which is what I believe you are trying to achieve. I would, however, recommend that you consult with a family law attorney to discuss the details of your particular issues, since every situation is different.

Marc Andrew Moses
PREMIUM
Marc Andrew Moses
Answered
  • Gig Harbor, WA
  • Licensed in Washington

A: When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but your spouse doesn't, so your spouse won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of the divorce you are asking for. Without your spouse's agreement, unfortunately you have to take further steps. Have you had a settlement conference? With a filed dissolution case, you can ask the clerk to schedule a settlement conference, which your spouse (and you) would need to attend. If at the settlement conference you are unsuccessful in resolving the issues, a trial date will be set. Having a trial date set has a way of lighting a fire under the parties. All of these things may have a hand in arriving at a "settlement on the courthouse steps," which is what I believe you are trying to achieve. In the end, if you and your spouse cannot agree, the court will make the decisions for you and your spouse. I would, however, recommend that you consult with a family law attorney to discuss the details of your particular issues, since every situation is different.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.