Divorce is a difficult process. Not all spouses want to get divorced – even after the other one initiates divorce proceedings. But what happens if your spouse refuses to sign divorce papers? Can this stop the divorce? An experienced divorce lawyer can help explain the divorce process and the consequences of an unwilling participant.
Colorado’s Divorce Process
The Colorado divorce process begins when one or both spouses file a petition for divorce. Colorado allows both spouses to file together as co-petitioners to ask the court for divorce. This signals that they believe the marriage is irretrievably broken. They can ask the court to approve their settlement agreement.
While co-petitioning is an option, it is less common than one spouse initiating the divorce. This traditional route involves one spouse filing a divorce petition asking the court to enter a divorce and requesting specific relief, such as an equitable distribution of marital property, spousal support, and child custody. The spouse ensures the other spouse receives the filed divorce paperwork and a summons.
The spouse receiving the paperwork, the respondent, has 21 days to file a response with the court. This response explains whether the respondent agrees to the suggested terms of the divorce, contests them, or makes counter-demands, such as a different division of marital property or child custody.
Some spouses believe they can avoid a divorce if they refuse to respond. However, in Colorado, a divorce need not be amicable, and the respondent does not need to submit a response for it to be finalized. The respondent’s participation is not necessary to carry out the legal termination of their marriage.
A Default Divorce
If a spouse fails to file a response, the other spouse can proceed with a default divorce. Refusing to file a response only gives up the respondent’s right to fight for their preferred marital property agreement, spousal maintenance, and other legal issues – it doesn’t stop or slow down the divorce process.
For a default divorce, the spouse who petitioned for divorce appears before a judge with their lawyer. The judge typically signs the final divorce decree and gives the spouse everything they’ve asked for.
A cooperative spouse is unnecessary to obtain a divorce in Colorado. C.R.S. 14-10-106(1)(a)(II), states that a court must enter a decree to end the marriage when it finds the marriage is irretrievably broken, one of the parties has been a resident of the state for at least 91 days before petitioning for divorce, and the court has acquired jurisdiction over the spouse who was served with the divorce papers.
Refusing to Sign a Settlement Agreement
In some cases, a spouse may file a response but refuse to sign a settlement agreement. This is their right. Colorado law allows spouses to negotiate the terms of their divorce. If they cannot reach an amicable agreement, the court can schedule a hearing in which the judge listens to each spouse’s arguments and decides on contested matters.
Contact an Experienced Divorce Lawyer for Legal Assistance
If you are concerned about your spouse’s response to divorce or would like legal advice about your particular situation, reach out to Stahly Mehrtens Miner LLC for a confidential consultation. Call us at (303) 797-2900 to learn more.