The idea of divorce is difficult for some people to grasp. Sometimes this is due to culture or religion. A person may be embarrassed when their spouse wants a divorce, wondering how it will affect their reputation. The person could still be in love with their spouse but lost touch with those feelings over the years, getting too comfortable and taking their mate for granted. Another thing that may happen is they find it a personal affront and push back. Or maybe getting served with divorce papers is a complete shock and they are in a state of denial. Whatever the reason, just because you want to split doesn’t mean that your partner will accept it right away. There may be a back and forth or a very uncomfortable period of transition. But what do you do when you want a divorce but your spouse refuses to sign the papers?
Sit down and calmly discuss the issue; this could be a very serious and heart wrenching conversation. When served with papers, a spouse may ignore them, refuse to sign, or simply fail to respond (http://www.divorcenet.com/legal-advice/divorce/divorce-basics/what-can-i-husband-wont-sign-the-divorce-papers). This will significantly prolong the process. If there is simply no way of reconciliation, you need to address this directly with him or her and tell them why. If you can’t change their mind, and they are digging in and not budging, some states will let you file a default. A default is when a spouse hasn’t responded for 30 days or hasn’t been located to serve papers to. If this is the case, you can file a proposed judgment along with your default. A hearing date will be set and you will be required to appear before the court. You will get the chance to present your case to the judge and a ruling will be made. If your spouse doesn’t show up, they wave their right to a ruling and a judgment is made based on what you say. If you have served divorce papers and your spouse has failed to respond within sufficient time, seek out a reputable divorce lawyer.