Is It Illegal to Not Sign Divorce Papers?

No, refusing to sign divorce papers isn’t illegal in Tennessee. It also doesn’t stop the divorce. What happens next depends on what you’re being asked to sign and whether you’ve been formally served with a divorce case.

At Burch & Stewart, we help people in Manchester understand where they stand when a divorce isn’t moving forward by agreement. Below, we’ll explain what refusing to sign actually means and what can happen if divorce papers go unanswered.

What Are “Divorce Papers”?

When people talk about signing “divorce papers,” they may be referring to very different documents. Some notify you that a divorce has been filed, while others ask you to agree to specific terms.

Complaint and summons. These tell you that your spouse has filed for divorce and what they’re asking the court to decide. You aren’t being asked to sign off on the divorce. After you’re properly served in Tennessee, you generally have 30 days to file an Answer with the court.
Acknowledgment or waiver of service. Your signature can confirm that you received the divorce papers or waive formal service. Signing doesn’t necessarily mean you agree with the divorce or the terms your spouse is requesting. If you don’t sign, your spouse will need to formally serve you instead.
Answer. This is your formal response to the divorce complaint. It allows you to address what your spouse is requesting and tell the court where you disagree. If you don’t respond on time, your spouse can ask for a default judgment, which allows the court to move forward without your participation.
Marital dissolution agreement. This agreement sets the terms you and your spouse have worked out for the divorce, including how property and debts will be handled and whether alimony will be paid. By signing it, you accept those terms. If you don’t agree, you don’t have to sign, but the unresolved issues may need to be decided through a contested divorce.
Final divorce decree. This is the judge’s order ending the marriage. You may receive a proposed decree without being required to sign it. In Tennessee, a final order can be entered without both spouses’ signatures as long as the required court procedures are followed.

What if You Don’t Agree With the Divorce Terms?

If you disagree with the proposed terms, the divorce can proceed as a contested case. You can respond to the court and explain what you disagree with.

Disagreement also opens the door for negotiation or mediation. A family law attorney can support you by reviewing the proposed terms and helping you negotiate changes that better reflect your position. If an agreement can’t be reached, a judge can decide the disputed issues.

The important part is to stay involved. Disagreeing with the terms is very different from ignoring the divorce case.

Moving Forward With Your Divorce

Refusing to sign doesn’t give either spouse control over whether the divorce moves forward. The bigger question is what you’re refusing to sign. Disagreeing with settlement terms allows you to contest them, while ignoring a court case can leave important decisions to the judge without your input.

If you’re unsure how to respond or the other party won’t agree to the proposed terms, Burch & Stewart can help you determine the next step. Call 803-779-3363 or use our contact page to start a conversation with us.