Can I Get a Divorce if My Spouse Refuses to Sign the Papers? (Tennessee Law Explained)

You’re ready to move on. You’ve filed for divorce. But now your spouse is stonewalling—ignoring the paperwork, refusing to sign, or flat-out saying, “I’m not giving you a divorce.”

What now?

Let’s set the record straight: your spouse doesn’t have to sign for you to get divorced in Tennessee.

At the Law Office of Sam Byrd in Chattanooga, we help people just like you cut through the drama, stand your ground, and take back control—especially when a spouse tries to manipulate the system by refusing to participate.

Here’s what really happens when a husband or wife won’t sign the divorce papers—and how Tennessee law is still on your side.

Do Both Parties Have to Sign for a Divorce in Tennessee?

No. Tennessee is not one of those states where both spouses have to agree for a divorce to go through. One spouse can file, serve the other, and move forward—even without cooperation.

That’s the whole point of a no-fault divorce system. You don’t need permission to end a marriage. You need notice, process, and proof that the relationship is broken.

So, if your spouse refuses to sign divorce papers, don’t panic. That won’t stop your case from moving forward.

What Happens If My Spouse Refuses to Sign Divorce Papers?

If your spouse ignores the papers or flat-out refuses to engage, the process shifts. But it doesn’t stop. In Tennessee, this is where something called a default divorce comes into play.

Here’s how it works:

1. You file for divorce and serve your spouse.
2. Your spouse has 30 days to respond (if served in Tennessee).
3. If they don’t respond or show up, you can ask the court for a default judgment.
4. The judge may grant you the divorce without your spouse’s input.

In other words: if your husband won’t sign the divorce papers—or even acknowledge them—you can still get divorced.

What If They Try to Delay the Case?

Sometimes, a spouse won’t ignore the papers completely—they’ll respond just enough to slow everything down. Filing useless motions, refusing to provide information, missing court dates, and hoping you’ll give up.

Here’s the truth: Tennessee courts don’t look kindly on bad-faith delays.

Your attorney can:

• File a motion to compel if your spouse won’t cooperate
• Request sanctions for stalling
• Push for a court order to move the case forward

The court’s goal is fairness—not rewarding someone for being difficult.

Can I Still Get Divorced If My Spouse Lives Out of State (or Disappears)?

Yes. You can serve someone out of state or even by publication if they’ve gone missing.

The rules are strict, but doable. If you’ve made a good-faith effort to locate your spouse and they still can’t be found, the court may allow service by newspaper or other means. After that, you can request a default divorce like any other case.

Bottom line? You don’t have to stay legally stuck just because someone else vanished.

What Is a Default Divorce in Tennessee?

A default divorce happens when one spouse files and the other doesn’t respond in time. After the deadline passes (usually 30 days), the filing spouse can request a court date to finalize the divorce without the other party’s input.

That means you could:

• Divide property fairly
• Request custody and parenting plans
• Ask for child support or alimony
• Finalize the divorce

…all without your spouse saying a single word—because they chose not to participate.

It’s not about revenge. It’s about moving forward.

What If My Spouse Shows Up at the Last Minute?

Tennessee courts may allow a response after the 30-day deadline—but only if your spouse has a valid reason. If they’re just playing games or trying to stall, the judge can deny it.

That’s why documentation matters. If you’ve followed every step correctly—served papers, filed your motions, showed up to hearings—your side of the story is what the court sees.

How Long Does It Take to Get Divorced If They Don’t Sign?

It depends on the details. But here’s a rough outline:

• Waiting period: 60 days (no kids), 90 days (with kids)
• Response window: 30 days for your spouse to reply
• Court date: Once default is granted, you’ll request a hearing
• Final hearing: The judge reviews your case and issues the divorce

With an uncooperative spouse, it may take a few extra steps, but it won’t take forever.

Why They Refuse to Sign (And Why It Doesn’t Matter)

Let’s call it like it is. A spouse who won’t sign the divorce papers is often trying to:

• Maintain control
• Punish you for leaving
• Delay child support or division of assets
• Hope you’ll give up

Don’t let that happen.

The court doesn’t require mutual agreement to end a marriage. It requires process, notice, and follow-through. That’s where we come in.

How the Law Office of Sam Byrd Can Help

We’ve helped countless Chattanooga residents who thought they were stuck—until they weren’t.

Our team can:

• Handle the filing, service, and legal steps
• Push back when your spouse plays games
• Request default judgment if they ghost you
• Finalize the divorce and protect your future

You don’t need permission to end a marriage that isn’t working.

You just need a lawyer who knows how to get it done.

Take the First Step (Even If They Won’t)

Divorce doesn’t have to be a two-person job. If your spouse refuses to sign the divorce papers, you can still take control.

At the Law Office of Sam Byrd, we’re here to help you start over—no drama, no delays, no unnecessary roadblocks.

Call now or contact us online for a confidential consultation.

You’ve waited long enough. Let’s move forward.

Serving Chattanooga and all surrounding areas of Hamilton County, Tennessee.