What If My Spouse Refuses to Sign Divorce Papers in Michigan?

Divorce is stressful enough without adding games, delays, and the other spouse who suddenly decides they’re not going to sign the divorce papers. If this is happening to you, you’re probably frustrated, confused, maybe even a little panicked. You just want out, but now you’re stuck wondering:

“What if my spouse refuses to sign divorce papers?”
“Can they actually stop the divorce?”

This is one of the most common questions we hear from people starting the process of divorce in Michigan, so let’s walk through what really happens when one spouse refuses to participate.

Michigan is a No-Fault Divorce State

Michigan does not require both spouses to “agree” to the divorce. You don’t need to prove wrongdoing or collect evidence of bad behavior. Under Michigan’s no-fault system, one spouse’s statement that the marriage has broken down and cannot be repaired is enough for a judge to enter a divorce decree. So even if your other spouse refuses to sign divorce papers, you can still move forward.

What Happens After Your Spouse Is Served?

Once you file a divorce petition, your spouse must be formally served with the divorce papers. Once your spouse receives the papers, they have a strict deadline to respond:

• 21 days if served in Michigan
• 28 days if they’re served out of state

If they refuse to respond, ignore the documents, or refuse to sign the divorce papers, the court will treat the case as a default divorce.

What is a Default Divorce?

A default divorce means your spouse forfeited their opportunity to participate in decisions about:

• Property division
• Spousal support
• Child custody
• Parenting time
• Child support

If they don’t respond to the divorce petition, the judge can move forward without them. You and your Michigan divorce lawyer submit the final documents, propose the terms, and the judge reviews everything. As long as your requests comply with Michigan law, the court may enter a judgment without ever requiring your spouse to sign divorce papers.

Can a Spouse Make the Process More Difficult?

While they cannot stop the divorce, a combative spouse can absolutely make things more painful than they need to be. Here’s what you may run into:

1. They Respond but Fight You on Every Issue – Sometimes a spouse doesn’t refuse to sign divorce papers. They refuse to be reasonable. They contest everything like who gets the house, child or spousal support, child custody, and parenting time.

2. They Try to Hide Assets – A spouse trying to hide assets happens more than people think. An experienced “divorce attorney” knows how to take the appropriate legal steps to address them.

3. They Weaponize the Process – A spouse may attempt to prolong the divorce process intentionally. This can stem from a desire to maintain control, avoid financial disclosures, influence custody discussions, or simply resist change.

These tactics are frustrating, but they don’t prevent the divorce from happening.

In contrast, if both parties cooperate and agree on major issues, you may qualify for an uncontested divorce, but that only works when everyone participates.

Michigan’s Mandatory Waiting Period Still Applies

Default or not, Michigan has specific waiting periods:

• 60 days for divorces with no minor children
• 6 months when minor children are involved

Judges sometimes shorten the six-month period in certain situations, but it’s not guaranteed. Refusal to sign does not extend the waiting period.

Can They Challenge a Default Later?

They may attempt to challenge the default, but the bar is high. To reopen a default judgment, they must prove one of the following:

• They weren’t properly served,
• They had a legitimate emergency preventing them from responding
• There was fraud, misconduct, or an error.

Judges do not revisit default cases just because someone suddenly feels regret or wants another chance to argue.

You Already Know the Marriage Is Over. Now, Let’s Move Forward.

If you’re Googling “divorce attorney near me” because your spouse refuses to sign or cooperate, then you’re already at the point where you need leadership. The law provides you with options, but you need a strong legal team to make sure the process moves forward correctly.

At LaBre Law Office, excellence is our standard. We provide straightforward, honest advice, backed by a firm understanding of Michigan law and years of experience navigating complex family situations. We help Michigan families navigate divorce with clarity and confidence, handling the legal stress so you can focus on rebuilding the next chapter of your life. Contact us today at (269) 431-2058 or complete our online form to schedule a consultation.

Copyright © 2025. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/