No one enters into the marriage to divorce their spouses after a short time. But sometimes the unfortunate event happens, forcing you to part ways. However, even if it’s clear your marriage is ending, one spouse will always want to hold on.
Instead of signing to separate, one may decide to show their anger through failing to sign the separation agreement. Such maneuvers will complicate and delay the process. So what are the complications of this, and how can you handle it?
Why Would Your Partner Refuse to Sign a Separation Agreement?
Your partner may fail to honor the separation when they feel they won’t be able to handle their responsibilities flawlessly. Or when they can’t afford the separation and feel it’s not right to end the relationship. Similarly, if they think the terms of separation are not favoring them.
Can You Force Your Partners To Sign The Separation Agreement?
Any threat, coercion, manipulation, or other unreasonable attempts and outcomes will cause issues with separation agreement enforceability, and the court may rule against you. You must only obtain the signature through the right processes.
If your partner refuses to sign the separation agreement, you can:
Get a Neutral Third Party to Intervene
Third parties like mediators can help smoothen your communications issues for a peaceful negotiation that can lead to a mutual agreement. Though mediators can’t impose settlements, they can provide practical suggestions to help build or improve your relationship and make every part of the separation.
If both parties come into agreement with the terms, then you’ll sign the legally binding document. This means every person will have to follow what the document dictates.
Seek Legal Expert Advice
Suppose mediation or other forms of communication fail. In that case, you can go ahead and call for a decree or separation and have your matter decided by the court. Of course, this won’t be ideal for those looking for an inexpensive or quick settlement. Still, it will help find an amicable solution.
The court will decide how your property, child support, and custody roles are divided amongst you. You’ll be lucky if you get a legal separation from the court. However, that only happens when the court feels you meet the standard requirements for separation.
Not all the requirements are the same by state. So, ensure you check your state grounds for separation and see if your situation falls under it.
Separate Your Assets
Once you realize your spouse doesn’t want to sign the separation agreement, you must protect your interests by separating or dividing most of your assets. You must, however, don’t dispose of any marital assets without your spouse’s approval.
File for A Divorce
It will help to go through a divorce, especially when you’re eligible, than going through mediation. Besides, it’s not a must your spouse signs the divorce, and all you need to do is fill out the required papers and serve them with copies of the divorce.
It will be upon them to respond to the divorce. If they respond, the court will set a date for a hearing. However, you’ll be given the divorce by default if you don’t.