Quick Answer: You can refuse to sign divorce papers in Colorado, but you cannot stop the divorce from proceeding. If one spouse files, the court can proceed through a contested divorce or enter a default judgment if the other spouse fails to respond.
Colorado is a no-fault divorce state. This means neither spouse must prove wrongdoing to end the marriage. While one party can refuse to cooperate, they cannot prevent the divorce from moving forward.
What Happens If Someone Refuses to Sign Divorce Papers?
In Colorado, refusing to sign divorce papers does not stop the divorce. It just means the process becomes more formal and may involve court hearings.
Here’s what typically happens:
- One spouse files a Petition for Dissolution of Marriage with the court.
- The other spouse is officially served with the divorce papers.
- The served spouse has a set amount of time to file a response.
If the responding spouse disagrees with the proposed terms or chooses not to cooperate, the case moves forward as a contested divorce.
From there, the court may schedule hearings to resolve disagreements. A judge can also issue temporary orders about property, custody, child support, or other important matters while the divorce is pending.
What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more key terms of the divorce, and is a divorce in which the parties dispute issues that must be resolved by negotiation, mediation, or court decision.
Common issues in a contested divorce include:
- Division of marital property
- Allocation of marital debt
- Child custody and parenting time
- Child support
- Spousal maintenance
In contested divorce proceedings, the judge ultimately decides unresolved matters after reviewing evidence and hearing arguments from both sides. Contesting a divorce does not mean you or your spouse object to the divorce itself; it usually means a disagreement with the proposed terms.
Contested vs. Uncontested Divorce at a glance
| Uncontested Divorce | Contested Divorce |
|---|---|
| Both spouses agree on all terms of the divorce. | Spouses disagree on one or more key issues. |
| A written settlement agreement is submitted to the court. | The court must resolve disputes through hearings or trial. |
| The final hearing is usually brief and straightforward. | The process may involve discovery, motions, mediation, and possibly trial. |
| Typically faster and less expensive. | Often takes longer and involves higher legal costs. |
| Less conflict and court involvement. | Greater court involvement and formal legal procedures. |
A case that begins as contested can later become uncontested if the parties reach an agreement through negotiation or mediation.
What Is a Default Divorce?
A default divorce occurs when one spouse files for divorce and the other spouse does not respond or appear in court after proper notice. Courts in Denver County and Adams County strictly enforce service and response deadlines before entering a default judgment.
If the responding spouse ignores the papers or misses the deadline to respond, the filing spouse can ask the court to continue the case without them. In many situations, the judge may grant the divorce based largely on what the filing spouse requested.
Even so, the court will still review the requested terms to make sure they are reasonable and follow Colorado law.
What Happens After a Request to Enter a Default divorce?
After a request for default is filed, the court will check a few things before moving forward. The judge will make sure the other spouse was properly served, confirm that the deadline to respond has passed, and determine whether a short hearing is necessary.
If all legal requirements are met, the judge may enter a default judgment. This means the divorce can be finalized even though one spouse chose not to participate.
If the case involves children, the court must still ensure that custody and support arrangements are in the child’s best interests.
What If Your Spouse Can't Be Located in a Colorado divorce?
In some situations, the spouse who filed for divorce cannot locate the other party. When that happens, Colorado law allows a process called divorce by publication.
To use this option, you must show the court that you made real efforts to find your spouse. This usually includes trying to contact them at their last known address, reaching out through known contacts, and searching for updated information.
If those efforts are unsuccessful, you may be allowed to publish notice of the divorce in an approved newspaper. After the required waiting period has passed, the court may grant a default divorce.
Mediation in a Contested Divorce
The most common reason for a spouse to refuse to sign divorce papers is that they see some of the provisions as unfair. In this case, it might be productive to hire a third-party mediator who will meet with both parties, hear their arguments, and then suggest compromises that might be acceptable.
If divorce mediation works, then both spouses will sign the papers, and the divorce will be finalized by a very short hearing before the court.
Do You Need a Lawyer for a Contested or Default Divorce?
If your spouse is refusing to sign divorce papers, contesting the divorce, or simply not responding, it’s wise to speak with an attorney. Divorce cases that become contested or move toward default judgment can involve strict deadlines and detailed court procedures. Missing a step or misunderstanding the process can cause delays or impact important decisions about property, finances, or children.
An experienced divorce attorney can explain your options, help you respond appropriately, and make sure your rights are protected at every stage.
If you are going through divorce in Denver, North Denver, Brighton, Adams County, or Denver County, the team at Tolison & Williams is here to help. Contact us to discuss your situation and learn how we can guide you through the next steps with clarity and confidence.
Additional FAQs About Refusing to Sign Divorce Papers in Colorado
Does refusing to sign divorce papers delay the divorce?
Yes, refusing to sign can delay the process, especially if it turns the case into a contested divorce. Court hearings, mediation, and additional filings may extend the timeline. However, refusal alone cannot permanently stop the divorce.
Can I refuse to sign divorce papers because I disagree with the terms?
Yes. If you disagree with the proposed terms, you can file a response outlining your objections. The court will then address the disputed issues through negotiation, mediation, or hearings.
Will refusing to sign hurt my case in court?
Simply refusing to sign does not automatically hurt your case. However, ignoring court paperwork, missing deadlines, or failing to appear at hearings can negatively impact your position and may lead to a default judgment.
What if my spouse is avoiding service of divorce papers?
If a spouse attempts to avoid service, the filing party can use alternative service methods allowed under Colorado law. Courts do not allow someone to block a divorce simply by refusing to accept the paperwork.
Can I reopen a default divorce after it is entered?
In limited circumstances, a spouse may ask the court to set aside a default judgment, but strict deadlines and legal standards apply. Courts typically require proof of excusable neglect or another valid legal reason.
Does refusing to sign affect child custody decisions?
Refusing to sign divorce papers does not automatically affect custody outcomes. Courts focus on the best interests of the child, not whether one parent cooperated with signing paperwork.
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