Many spouses find themselves asking “if I am served divorce papers do I have to sign them?” when they are on the receiving end of a divorce petition. The short answer is no, you don't have to sign divorce papers served to you. However, there is still a lot that you do need to consider which we will outline in this post.
Do I Need to Sign Divorce Papers Served to Me?
As we answered succinctly above, no. An individual is not legally required to sign divorce papers served to them. However, this isn’t to say that you can just ignore them either.
When you get served divorce papers this means that your spouse has officially started the process to terminate your marriage. When this happens, you will receive a copy of the divorce petition and likely a court summons also.
The divorce papers will outline the details of the petition, including the grounds for divorce and any initial requests when it comes to things like the division of assets and debts, alimony payments, child support, and spousal support.
For now, the key thing to remember is that you don’t need to sign the papers right away. Alongside the details above, you will also be given a specified time frame in which you must respond to fully protect your rights throughout the divorce proceedings.
When you get served divorce papers, it is important that you treat this with the seriousness that it deserves, whether or not you sign them right away.
How Long Do I Have to Respond to Divorce Papers?
The time that you have to respond to the divorce papers that you’ve been served with will depend on which state you're located. Usually you have between 20 and 30 days to respond.
Failing to respond could result in a default judgment, which is unlikely to involve the judge hearing your case and factoring in any context and/or details that you provide before making their decision on a fair division of assets, alimony and child support payments, and other details related to the separation agreement.
How to Respond to Divorce Papers
When it comes to actually responding to the divorce petition that you have received, you have a couple of options.
One option is to simply sign and respond.
You don’t need to worry that doing so means that you’re agreeing to all of the terms listed in the initial petition, and once you respond you will be given the option to explain your side and provide any context and details that are needed for a judge to make an informed decision.
Signing the divorce papers simply means that you have acknowledged that you have received them, and that you’re ready and willing to proceed with the divorce process.
An alternative option is to refuse to sign the divorce petition.
However, not signing does not mean that the divorce won’t proceed. Actually, by not signing you risk a worse outcome in the divorce since you may not get a chance to share your side and provide the judge with the additional information that could influence the details of the separation agreement.
Rarely would it be wise to simply refuse to sign the papers, as this likely means that the court will make decisions about everything from child custody (if applicable) to alimony payments without considering your input and any useful context that you could provide.
You could also reach out to your spouse to negotiate directly.
Many couples want to avoid a trial and would like nothing more than to get their divorce decree without spending any more time than is absolutely necessary in court. So a fair negotiation can move things along and ensure that a fair compromise is reached when it comes to the division of debts and assets, child support, alimony payments, custody arrangements, and spousal support.
Finally, you also have the option to file a counter-petition.
If you want to put forward significantly different terms for the divorce than those your spouse has outlined in their divorce petition, this could be a good option.
If you go with this option it is highly likely that the case will proceed to trial, and the court will consider both petitions before making a judgment.
Can a Divorce Still Be Challenged Even If the Papers Weren't Signed?
Yes, the terms of a divorce can still be challenged even if the divorce papers weren’t signed right away. However, only if a response was submitted before the deadline provided.
Should I Hire a Lawyer Before Signing Divorce Papers?
You are not legally required to hire a divorce lawyer before signing divorce papers served to you, nor are you required to hire one at any stage of the divorce process.
Many divorces get finalized where both spouses are representing themselves and there are no attorneys involved at all. This tends to work best when the terms of the divorce go uncontested, and/or when the spouses still have an amicable relationship so they can negotiate in good faith to arrive at a fair and balanced separation agreement.
If you have been served divorce papers and intend to represent yourself throughout the divorce, it is vital that you research the full divorce process so you know what to expect. This is where Splitup comes in. Our app was created to help individuals find an extensive range of divorce and family law support and guidance all in one familiar place.
However, for more complex cases and where the terms of the divorce need to be heavily contested, it could be a good idea to hire a professional divorce attorney. They can bring with them firsthand experience of navigating the divorce process as well as strong communication and negotiation skills to help ensure that you reach a separation agreement that works for you and your spouse.
Conclusion
In this post we have clearly and concisely answered the question of if you need to sign divorce papers right away. We have also outlined some of the key options available to you once you have received a divorce petition, and given some food for thought on how to approach the signing of the papers and the divorce process more generally.
To learn more about the divorce process, explore our range of other blog content and be sure to download the Splitup app to find our very best content and features.
Disclaimer: This article provides general information only and does not constitute legal advice. Divorce procedures and deadlines vary by state. If you have been served divorce papers, consult a licensed family law attorney in your jurisdiction for advice on your specific situation.
