They Won’t Sign – Now What?

We hear it all the time – you’ve drawn up divorce papers, on your own or with the help of a lawyer, and suddenly your husband or wife refuses to sign.  What are your options now?  Can you achieve a divorce without their signatures?  Unfortunately, you have now shifted from an uncontested divorce to a situation that has become contested.  This often results in higher fees due to the increased amount of effort it takes on the attorneys’ parts to negotiate and achieve a mutual agreement on the points of contention.  It also often takes longer – the back and forth negotiations between busy attorneys and clients multiply the hours and days invested in achieving your divorce.  Mediators might have to get involved to work out the kinks that are holding you back from your goal.

Many of our clients reach this point and hope to stay within the realm of an uncontested divorce, but that option does not best protect either you or your lawyer.  If there are certain factors being argued over, you want your attorney to invest the correct amount of time in best protecting your interests, and that increased time will have to be reimbursed accordingly.  However, if you are able (independently) to achieve the goal of getting your stubborn ex to sign the papers, it is still possible to keep your uncontested flat fee schedule and timeframe.  Be honest with yourself and your attorney when embarking on your divorce journey – if there is a possibility that things could go awry, let them know so they can anticipate disruptions and help you navigate the sometimes bumpy path of a contested divorce.