What Happens If Your Spouse Refuses to Sign Divorce Papers in Rockville, MD?

No one gets married expecting to end up in divorce. When it becomes your reality, it can be one of the most painful and stressful chapters of your life. And what happens if your spouse refuses to sign divorce papers? It adds another layer of frustration at a time when you’re already trying to move forward.

But their refusal doesn’t stop the process. Maryland law gives you a way to keep things moving, even when your spouse won’t cooperate. Whether they’re stalling out of anger, denial, or fear, you still have options.

This blog explains what happens when a spouse won’t sign divorce papers in Rockville, how the legal process works, and what steps you can take to protect yourself and begin the next phase of your life.

Can You Get Divorced Without Your Spouse’s Signature in Maryland?

If your spouse is refusing to sign the divorce papers, you might be wondering whether that means you’re stuck. The good news is, you’re not. Maryland law does not require both spouses to agree in order for a divorce to move forward.

Whether your spouse ignores the paperwork, avoids being served, or outright refuses to participate, you can still complete the process. It may take longer, and the court may need to get involved, but you’re not at a dead end.

In Maryland, divorce cases typically fall into one of two categories:

• Uncontested divorce: Your spouse responds to the filing and agrees to the terms.
• Contested divorce: Your spouse refuses to respond, disagrees with the terms, or tries to delay the case.

Even in a contested divorce, you have a legal path forward. In the next sections, you’ll learn how service works, what deadlines apply, and what happens when your spouse doesn’t cooperate.

What the Divorce Process Looks Like When Your Spouse Doesn’t Participate

Once you file for divorce in Maryland, your spouse has a legal obligation to respond, but not every spouse follows through. If they avoid service, ignore the paperwork, or simply refuse to engage, here’s what the process generally looks like:

• File the divorce complaint: You start by filing a Complaint for Absolute Divorce with the Circuit Court for Montgomery County, Maryland.
• Service of process: Your spouse must be properly served. This means someone other than you, such as a sheriff, private process server, or other approved individual, delivers the divorce papers. If personal service isn’t successful, you can ask the court to approve alternative service methods, such as certified mail, email, or publication. These methods require a judge’s approval and may take additional time.
• Wait for a response: Your spouse has 30 days to respond if served in Maryland, 60 days if out of state, and 90 days if outside the U.S.
• No response? Request default: You may request a default judgment by submitting a Request for Order of Default. This allows the court to move forward without your spouse’s participation. In many cases, especially when child custody or complex property issues are involved, the court may still hold a hearing before finalizing the divorce terms.

For more details on filing and service procedures, see the Maryland Courts: https://mdcourts.gov/legalhelp/family/divorce

Contested Divorce in Montgomery County

When a spouse refuses to sign but does respond, the case becomes contested. This means both parties must appear in court, and a judge will resolve the issues you cannot agree on.

Common areas of dispute in a contested divorce include:

• Division of marital property
• Child custody and visitation
• Child support
• Spousal support (alimony)
• Whether grounds for divorce exist

The court’s primary focus in these cases is fairness and the best interests of any children involved. Maryland law requires full financial disclosure from both parties. If one spouse tries to hide assets or refuses to cooperate, the judge can take that into account when deciding the outcome. To file for divorce, whether contested or not, you’ll still need to state legal grounds.

Acceptable Grounds for Divorce in Maryland

Maryland no longer separates divorces into fault-based and no-fault categories. In 2023, the state simplified its divorce laws by eliminating traditional fault grounds like adultery or cruelty. Now, you only need to meet one of the following three grounds to file for an absolute divorce:

• 6-month separation: You’ve lived apart for at least six months and have no reasonable hope of reconciliation.
• Irreconcilable differences: You and your spouse have serious, lasting disagreements that make the marriage unworkable.
• Mutual consent: You both agree to divorce and have signed a written settlement agreement that resolves all financial matters and parenting issues, if applicable.

These changes make it easier to move forward, even if your spouse doesn’t cooperate. If you qualify under separation or irreconcilable differences, the court can still grant the divorce without their signature.

What If Your Spouse Tries to Delay the Divorce?

Some spouses try to delay divorce proceedings by refusing service, ignoring court notices, or filing frivolous motions. In these situations, the court has tools to keep the case moving.

For example:

• If your spouse avoids service, you may request alternative service such as email, certified mail, or even newspaper publication.
• If they ignore court deadlines, you can request a default judgment.
• If they show up but make unreasonable demands or stall the process, the judge may take that into account when awarding property or support.

Your Rockville divorce attorney can guide you through each step and help you respond to delay tactics strategically. While the court can address delay tactics, it also focuses heavily on the needs of any children involved in the divorce.

What the Court Considers When Children Are Involved

When children are part of a divorce, Maryland courts prioritize their well-being. If your spouse is refusing to cooperate, the judge will still move forward with custody and support decisions based on what’s best for your children.

Key factors include:

• The child’s physical and emotional safety
• Each parent’s ability to provide a stable home
• Existing parenting relationships
• Any history of abuse or neglect
• The child’s preference, depending on age and maturity

Whether you’re seeking sole or joint custody, having a clear parenting plan and supporting documentation can strengthen your case. These are the kinds of issues a family law attorney can prepare you for, especially if your spouse is uncooperative.

Why You Should Talk to a Divorce Attorney in Rockville

Trying to deal with a resistant spouse on your own puts you at a disadvantage. A skilled Rockville, MD divorce attorney can:

• Make sure your spouse is properly served
• Move forward with default filings when needed
• Identify hidden assets or financial concerns
• Present strong arguments in court
• Protect your rights as a parent and property owner

Divorce involves many legal details that affect your future. But beyond the legal filings and court dates, the emotional strain can be just as challenging when your spouse refuses to cooperate.

Don’t Ignore the Emotional Toll

Going through a divorce with an uncooperative spouse can be draining. It’s more than just legal paperwork. It’s your life, your family, and your peace of mind. Stress, confusion, and uncertainty often show up when the process drags on longer than expected.

While the court system will handle the legal side, you’ll also need support outside the courtroom. That might come from trusted friends, family members, or professionals who understand the emotional weight of divorce. Prioritize your well-being, especially if you’re caring for children or facing financial stress.

Work With a Law Firm That Understands Family Law in Maryland

At the Law Offices of Ellen L. Lee, we’ve seen firsthand how difficult divorce can be when one party refuses to cooperate. With over 35 years of experience in Montgomery County family law, MD family lawyer Ellen L. Lee takes a thorough, compassionate approach to resolving contested divorces.

Whether your spouse won’t sign the papers or is using delay tactics to drag things out, we can take the legal steps needed to move your case forward and protect what matters most to you. We handle all aspects of divorce, child custody, spousal support, and family law disputes with clarity and care.

Call (301) 279-0692 or fill out our confidential online form to schedule a consultation. We offer flexible appointments by phone, Zoom, or in-person at our Rockville office.

You don’t need to wait on your spouse to take control of your future. Contact us today and take the first step toward resolution.

Let’s work together to protect your interests and write a new future!

Copyright © 2025. Law Offices of Ellen L. Lee, LLC. 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.

Law Offices of Ellen L. Lee, LLC
110 N Washington St, #404
Rockville, MD 20850
(301) 279-0692
https://www.attorneydivorce.com/