# How does a spouse "refuse" divorce?



## BeachGuy (Jul 6, 2011)

I've read in a few post that a spouse refused to sign or refused to get divorced. How is that possible in a contested filing? Or is it?


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## 827Aug (Apr 27, 2008)

I don't see how it is possible. Although I filed for divorce in 2009, it is in "suspension" still. That's because of health issues and lack of health insurance though. It's just cheaper on everyone to leave things as they are. Wouldn't a refusal equate to an uncontested divorce?


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## Machiavelli (Feb 25, 2012)

BeachGuy said:


> I've read in a few post that a spouse refused to sign or refused to get divorced. How is that possible in a contested filing? Or is it?


Once upon a time (40 years back) no-fault divorce didn't exist in the US. Refusal meant a trial, some states with a jury, and the divorce might not even be granted. Those days are gone. You can't stop a divorce if one party goes through with it.


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## BeachGuy (Jul 6, 2011)

827Aug said:


> I don't see how it is possible. Although I filed for divorce in 2009, it is in "suspension" still. That's because of health issues and lack of health insurance though. It's just cheaper on everyone to leave things as they are. Wouldn't a refusal equate to an uncontested divorce?


It would if the other spouse just didn't show up or reply to the filing within the specified time period. But I'm assuming they did and hired a lawyer and all, and responded. And after that they can stall a bit by being wishy-washly on the negotiations but as I understood it, a court date is eventually set and whatever the spouses haven't agreed upon is decided by a judge.

So I don't see how one could refuse to sign?


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