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Going through a divorce is never easy, and it becomes even more stressful when one spouse refuses to participate. If you’ve decided to file for divorce in South Carolina but your spouse won’t sign the papers, you may be wondering whether the process can move forward. The short answer is yes, South Carolina law does not require both spouses to sign divorce papers in order for the divorce to be finalized. However, the process can take longer and may involve additional legal steps.
If your spouse is uncooperative or attempts to delay the process, it’s important to understand your rights and the procedures the court follows in these situations. In many cases, refusing to sign divorce papers is simply a tactic used to stall the inevitable. The court will not allow one spouse to hold the other “hostage” in a marriage. If you meet the legal requirements for divorce, you can move forward, with or without your spouse’s cooperation.
South Carolina allows you to file for divorce based on either fault or no-fault grounds. The most common no-fault ground requires that you and your spouse live separate and apart for at least one continuous year. Fault-based grounds include adultery, physical cruelty, habitual drunkenness or drug use, and desertion. Once you file the divorce complaint and serve it on your spouse, they have 30 days to respond. This period allows them to file an answer or a counterclaim.
If your spouse does not respond within that time, or if they actively avoid being served, there are ways to move forward with the case. In most situations, as long as you can prove your grounds for divorce and comply with the legal requirements, your case can proceed even if your spouse refuses to engage in the process.
Serving your spouse with divorce papers is a required step in the process. If your spouse tries to avoid service by refusing to open the door, moving to a new location, or simply disappearing, there are still legal options available. You can work with the court to pursue one of the following methods:
Refusing to be served will not stop a divorce. Courts in South Carolina are familiar with this type of obstruction and provide procedures to ensure that the case can move forward fairly.
If your spouse does not file a response to the divorce complaint within 30 days of being served, you can request a default judgment. This means the court can grant your divorce and make decisions on issues like property division, child custody, and support without your spouse's participation. To obtain a default judgment, you will need to:
The court will review the evidence and may ask you to testify under oath. If everything is in order, the judge can grant the divorce and issue orders on any contested matters. While it may seem surprising, a person can legally be divorced without ever appearing in court, as long as the proper procedures are followed.
Dealing with an uncooperative spouse can make the divorce process more complicated and emotionally exhausting. It’s especially important to have a skilled attorney on your side if your spouse is attempting to delay the process, hide assets, or avoid court. A family law attorney can help you:
At Sarji Law Firm, we understand how overwhelming it can be to face resistance during a divorce. Whether your spouse refuses to sign, respond, or even show up, we know how to move your case forward efficiently and in compliance with South Carolina family law. Our divorce attorneys have helped countless clients navigate difficult circumstances with clarity and confidence.
If you're trying to get divorced in South Carolina and your spouse is uncooperative, you don’t have to face it alone. Our team is here to guide you through every step of the process and ensure your rights are protected. Contact us today to schedule a consultation and learn how we can help you move forward.
