Deciding to end a marriage is rarely easy, and disagreements about the divorce process are common. When your spouse refuses to cooperate by signing the papers, it can feel like you have hit a roadblock. The good news is that New York law provides options to resolve this issue.
You do not need your spouse to sign anything
In New York, you can file for divorce by stating under oath that your marriage has been irretrievably broken for at least six months. Your partner cannot contest these grounds, though they can dispute terms such as asset distribution, debt allocation and child custody or support.
Serving the papers
To move the case forward, you will typically need to have someone over the age of 18 (not yourself), such as a professional process server or a friend, hand-deliver the papers to your partner within 120 days of filing.
Crucially, the person who delivers the papers must complete and notarize an ‘Affidavit of Service.’ Since your spouse is refusing to sign the divorce papers, this specific affidavit will help prove that you officially attempted to inform the other party.
If personal service is not possible, you may request the court’s permission to use alternative methods. Substituted service is an option where you leave the divorce papers with a suitable person at your spouse’s home or workplace and then mail a copy.
Another option is court-ordered mail service. If you can show that other methods are impracticable, the court may allow you to serve your spouse via certified or regular mail, often without requiring them to sign a receipt.
If you cannot locate or reach your spouse
Service by publication is a last resort when you cannot find your spouse or they are avoiding notification. Before approving this method, courts will review your efforts to locate them, such as checking known addresses or contacting relatives. If granted, you can place a legal notice in an approved newspaper for a set period of time.
Once delivery is complete and the response deadline passes without a reply, you can request a default judgment. The court may then grant your divorce, though if you conducted service by publication, the court generally cannot make rulings on financial support or assets.