If you want a divorce, there are ways you can get it even if your spouse refuses to sign the divorce papers. However, it's also true the divorce will be faster and easier if your partner cooperates. Here are a few tips you can use to get your partner to sign the divorce papers:
Notify Your Partner in Advance
Ideally, you should prepare yourself for the risk of your partner refusing to sign the papers before presenting him or her with the papers. This is especially true if you haven't talked about divorcing, and you don't know how he or she will react. Avoid surprising your partner with the issue; the element of surprise itself may make him or her refuse. Notify your partner, and tell him or her you will not be accusing him or her of anything, and you might succeed in getting an amicable divorce.
Know the Reasons For the Refusal
What if you didn't notify your partner, and he or she has refused to sign the papers? In that case, start by inquiring about his or her reasons for the refusal. Somebody who is just being difficult is different from another person who has a "realistic" reason for refusing to sign divorce papers; the latter can be helped. For example, if your spouse wants to stay together for the sake of the kids, you can explain to him or her that an acrimonious marriage may be bad for the kids, but an amicable divorce is better than staying in a difficult marriage.
File Under No Faults Ground
Your partner may have a problem with fault divorce, especially if he or she is facing a litany of accusations as your grounds for divorce. If that is the case, then you may have more success with a no-fault divorce, which doesn't require you to prove any fault on the part of your partner. You can just quote "irreconcilable differences" as the reason for the divorce, which may be more agreeable to your partner.
Involve a Mediator
Lastly, you can also involve a mediator to help you convince your spouse to sign the papers. A mediator also becomes useful if your spouse has refused to discuss the difficult issues with you. In fact, the mediator may even help you with the actual divorce so that you only go to court to get the your settlement ratified.
These measures should help you convince your partner to sign the divorce papers. However, if you fail, a divorce lawyer can help you to get divorced. For example, the lawyer can help you get a default divorce, which gives the court the authority to decide all the issues in the divorce settlement.
For a divorce attorney, contact a law firm such as Stimpson & Associates PC.