What To Do When Your Spouse Won’t Sign Divorce Papers in Massachusetts

Finding out your spouse will not sign the divorce papers can feel like the emotional equivalent of watching your coffee spill in slow motion. Annoying, predictable, and happening on the one day you swore you would hold it together.

The good news is that in Massachusetts, a spouse’s signature is not the magic key people assume it is, even when a spouse refuses to sign divorce papers. You are not stuck, and you do not lose your right to move forward just because the other person has decided to be unhelpful.

Massachusetts law gives you several options when filing for divorce, even when cooperation is close to zero. The divorce process may not be instant, and it might test your patience, but you can still finalize your divorce.

Once you understand the legal process, everything feels far less overwhelming.

Can My Spouse Actually Stop the Divorce in Massachusetts?

A lot of people think everything stops when a spouse refuses to sign divorce papers. In Massachusetts, that is not how it works. The court does not hand out veto power to the least cooperative person in the room.

The Massachusetts no-fault system no longer relies on traditional grounds for divorce, so you do not need mutual agreement to end a marriage. You file, you follow the required steps, and the court will move the case forward with or without a signature.

A refusal might slow things down or add some unnecessary drama, but it does not stop anything. At worst, the case shifts from a simple, uncontested divorce track to the type of divorce where the court steps in to resolve unresolved issues. Irritating, yes. Impossible, no.

The real issue is not your spouse’s signature. What matters is proving they were properly served and had a chance to respond. Once that part is done, their cooperation becomes optional rather than required.

Step 1: Make Sure Your Spouse Was Properly Served

Before anything else can move forward, the court needs proof that you properly served your spouse with the divorce papers. Proper service is what gives the court authority to act, and without it, everything stalls.

In Massachusetts, a sheriff or constable usually handles service of divorce papers, and it is not something you can do yourself. A text message saying “FYI, I filed” will not count. Once service is completed, the server will give you a Return of Service showing your spouse received the complaint for divorce.

If your spouse starts playing hide-and-seek to avoid service, you are still not stuck. You can ask the court for alternate service, such as service by publication or another method the judge approves. The goal is to show that you made reasonable attempts to notify them. Once the court is satisfied, the case continues whether your spouse wanted to participate or not.

Step 2: The 20 Day Response Window

Once your spouse has been served, the clock starts. Massachusetts gives them 20 days to file an Answer with the court. This is their chance to agree, disagree, or make things more complicated than necessary.

If they respond, the case shifts into the contested divorce path. That means the court will schedule conferences and hearings to sort out the issues you disagree on. It is not the fastest route, but it is straightforward.

If they do nothing, your case can proceed to a default divorce in Massachusetts, which allows the judge to keep the case moving even when one party will not participate.

This is the court’s way of saying that you made the effort to involve your spouse, and they chose not to show up. A default does not guarantee everything you want, but it keeps the divorce case moving instead of letting it sit in limbo.

Step 3: What Happens When They Still Will Not Sign

At this point, you have done your part. You filed. You served them. You gave them their 20 days. If your spouse is still refusing to participate, Massachusetts gives you two clear paths forward.

Option A: Move ahead with a default divorce

If your spouse does not respond at all, you can ask the court for a default hearing. This is where the judge reviews your paperwork, listens to your testimony, and decides the unresolved issues before giving court approval. Your spouse can show up if they want, but their earlier silence does not put the case on hold.

A default is not a free pass, but Massachusetts family courts use it as a practical way to keep the process moving and one of the main ways to move forward with a divorce without the spouse’s cooperation.

Option B: Continue as a contested divorce

If your spouse responds but will not sign or agree to anything, the case becomes contested. This usually involves conferences, negotiations, court hearings, and sometimes a trial if you cannot reach an agreement. While this may seem overwhelming, most cases are resolved before a judge has to decide everything.

A contested case just means you and your spouse need the court’s help to sort out the remaining details from your marriage.

Step 4: Why a 1A Divorce Will Not Work in This Situation

Massachusetts offers two main ways to get divorced, but only one works if your spouse won’t sign. A 1A divorce is for couples who file together. It needs both people to agree and sign, which isn’t happening in your case. If your spouse won’t sign now, they won’t agree to a joint petition later either.

A 1B divorce is the right choice when only one person wants to file. It’s used when there is disagreement, no response, or your spouse simply refuses to cooperate. With this option, the court can get involved and help move the process forward if you can’t reach an agreement.

Here’s another way to look at it: a 1A divorce works smoothly when both people agree. A 1B divorce lets things keep moving, even if only one person is ready to take the next step.

What If Your Spouse Is Deliberately Delaying

Some spouses consistently refuse to cooperate. They may avoid calls, ignore mail, or delay participation in divorce mediation, if they attend at all. Others may participate minimally, causing delays without making substantive progress.

Such tactics are familiar to the court system and do not provide the delaying party with any additional influence over the case.

Massachusetts judges expect both people to participate honestly. If someone tries to slow things down, the court can set up status conferences and issue orders with clear deadlines. Judges can also require both sides to share financial information to prevent the case from stalling.

In more serious situations, the judge can issue consequences if one person keeps trying to delay the process without a valid reason.

The important thing to remember is that delay tactics do not stop the divorce. They only make the timeline a little bumpier. As long as you continue to show up and follow the required steps, the case keeps moving.

When It Is Time to Bring in an Attorney

Dealing with an uncooperative spouse can go from being a minor frustration to something that really wears you down. If things feel stuck, tense, or confusing, reaching out for legal help can make everything easier.

An attorney can help before things get out of hand and keep your case moving forward. This is especially helpful if your spouse won’t communicate or is trying to slow things down.

Here are a few signs it may be time to bring someone in:

• Your spouse keeps ignoring deadlines or refuses to provide financial documents.
• You are dealing with custody disagreements or complicated assets.
• The court process feels overwhelming or unclear.
• Your spouse becomes hostile or unpredictable.
• You are worried the case is drifting without progress.

An attorney can file the right paperwork, ask for hearings when needed, and make sure your spouse’s actions don’t throw your case off track. Getting help early can prevent bigger problems later and give you a clearer way forward.

If things feel stuck, tense, or confusing, getting legal help can make the process much smoother. Some people also find it helpful to get extra support outside the courtroom, like our divorce coaching and support services, which can help you handle both the emotional and practical challenges of dealing with an uncooperative spouse.

Wright Family Law Group Can Help You Move Forward

If your spouse is refusing to sign or dragging their feet at every turn, you do not have to navigate the frustration alone. Wright Family Law Group works with clients across Massachusetts who are dealing with uncooperative spouses, contested divorces, default situations, and every complication in between.

Our team focuses on practical guidance, clear communication, and strategies that actually move your case toward resolution. We serve clients throughout Middlesex, Essex, Suffolk, Plymouth, Norfolk, Bristol, Worcester, and Barnstable counties, with offices in Danvers and Tewksbury.

You can schedule a free 15 minute discovery call to get advice tailored to your situation and a plan that helps you move forward with confidence.

Frequently Asked Questions

1. Can I get divorced in Massachusetts without my spouse’s signature?

   Yes. Massachusetts does not require both spouses to sign. Once the court is satisfied that your spouse was properly served, the case can move forward with or without their involvement.

2. What if my spouse ignores the divorce papers entirely?

   If they do not respond within the 20-day window, you can request a default hearing. The judge can finalize the divorce after reviewing your paperwork and testimony.

3. What if my spouse refuses to cooperate but still shows up in the case?

   This usually turns the divorce into a contested 1B case. The court schedules conferences and hearings to address the unresolved issues until the case settles or proceeds to trial.

4. Does refusing to sign affect custody or support decisions?

   No. The court focuses on the child’s best interests and each parent’s financial situation. A refusal to sign does not give one spouse a strategic advantage.

5. How long does a divorce take if my spouse will not cooperate?

   Timelines vary. Default cases may resolve more quickly, while contested cases can take longer. The court keeps the process moving once deadlines are set.

6. What if my spouse keeps avoiding service?

   You can request alternate service. Once the judge approves a different method and you complete it, your spouse cannot use avoidance as an excuse.