You know that you want a divorce, but you’re also aware that your spouse does not. The two of you have discussed it, and it’s clear this won’t be an amicable split.
One thing that concerns you is whether your spouse might refuse to cooperate entirely. They may ignore the divorce petition or even threaten to do so, telling you they won’t sign anything because they don’t want the marriage to end. Can they ignore the petition, and do you need their signature?
They only need to be informed
Under North Carolina law, you are required to inform your spouse that you want to get divorced. This is done by serving them with the divorce petition.
However, your spouse is not legally obligated to sign the document. They may ignore it, throw the paperwork away or refuse to cooperate altogether. While they are within their rights to do so, this doesn’t mean you can’t get divorced.
If your spouse ignores the petition, you can ask the court for a default divorce. Typically, your spouse is given a set amount of time—such as 30 days—to respond to the paperwork. If they fail to do so, the court will proceed with the divorce proceedings without their input.
So, while your spouse may be correct that they don’t have to cooperate, they’re mistaken if they believe this will prevent the divorce. In fact, you may even receive more favorable terms for custody or property division since your spouse is not participating in the process. You can still move forward with the divorce on your own; just make sure you understand the necessary legal steps to take.