A spouse's refusal to sign, respond, or even show up does not give them the power to block a divorce indefinitely. Every state has a process for moving a case forward when the other spouse will not participate, generally through a default. Here is how that works, plus what to do when you cannot locate your spouse at all.
Key Takeaway: You do not need your spouse's signature or cooperation to get divorced. Once you properly serve them, they have a set window to respond. If they miss it, you can generally ask the court to enter a default, letting the case proceed without them, though a judge still reviews the outcome. If you cannot locate your spouse after a documented, diligent search, service by publication is generally available as a last resort.
How Do You Get a Divorce Without the Other Person Signing?
In general terms, the process looks like this:
- File your petition starting the divorce case.
- Properly serve your spouse, following your state's rules for service, so the court has proof they were legally notified.
- Wait out the response deadline. Every state gives the served spouse a set number of days to file a response.
- If nothing is filed, move for a default, which asks the court or clerk to let the case proceed without the other spouse's participation.
- Complete the final paperwork, which a judge reviews before signing a final judgment.
A spouse's signature is not required at any of these steps; what is required is that they were properly notified and given the chance to participate.
What If Your Spouse Refuses to Sign the Papers?
A spouse can refuse to sign an agreement, refuse to file a response, or simply ignore the case entirely. None of these choices can permanently block the divorce. What refusal generally does is push the case from an agreed (uncontested) track onto a default or contested track instead, which can take longer and involve more paperwork on your end, but a spouse's non-cooperation is not, by itself, a legal veto over the divorce moving forward.
However you phrase it, whether that is how to get a divorce if the other person refuses, how to file for divorce without the other person, how to get divorce without the other person, or how to get divorce without the other person's signature, the process is the same one described in this guide: proper service, a response window, and a default if that window closes with nothing filed. It does not matter which spouse is asking. How can I get a divorce if my husband refuses and how can I get a divorce if my wife refuses have identical answers, since the process does not depend on which spouse filed first. How to file for divorce if spouse refuses to sign anything, respond to anything, or discuss anything at all is still the same filing process: you file, you serve, and you move forward through default if needed. Refusal to cooperate changes how much work falls on you, not whether the case can proceed.
How Does a "One-Sided" (Default) Divorce Work?
A default divorce happens when the served spouse does not file a timely response. Once the deadline passes, the filing spouse can generally ask the court or clerk to enter a default. After a default is entered, the case can move toward a final judgment largely based on what the filing spouse requested. That does not mean every request is automatically granted: judges in most states still review anything involving custody, visitation, or support under a best-interest standard, and many require some form of final review or hearing before signing off, even in default cases.
This is what people usually mean by how to file one sided divorce: a default case, not a special expedited category. It also answers the searches for how to get divorce in one day or how to get divorce in one month. Neither timeline is realistic anywhere in the US: proper service, the full response window, and, in most states, a separate minimum waiting period before any divorce (contested or not) can be finalized all take longer than a single day, and a default case moving in a single month would be unusually fast even where no minimum waiting period applies.
What Is Service by Publication When You Can't Locate Your Spouse?
If you genuinely cannot locate your spouse after making a documented, good-faith effort (checking last known addresses, asking relatives, searching public records), most states allow an alternative called service by publication: publishing a notice of the divorce case in an approved newspaper for a set period, instead of personally handing your spouse the papers. Courts generally require you to show the specific steps you took to try to find your spouse before approving this method, since it is meant as a last resort when personal service genuinely is not possible, not a shortcut to avoid service.
This covers a few related situations people search separately. How to file for divorce if spouse is missing and how to get a divorce if spouse cannot be found both point to the same service by publication process just described, once your diligent search comes up empty. How to file divorce if spouse is out of country and how to get divorce if spouse lives in another country are a related but distinct issue: you generally still have to attempt service under the rules for serving someone abroad (which can involve international treaties or that country's own service procedures) before publication becomes an option, so confirm the specific requirement with your court before assuming publication applies.
Default Divorce in California
In California, once a spouse is served with the Petition (FL-100) and Summons (FL-110), they generally have 30 days to file a Response. If that window passes with no Response filed, the other spouse can file Form FL-165, Request to Enter Default, which requires the respondent's last known mailing address and a sworn declaration about how and when service occurred.
After a default is entered, the case moves toward the Judgment (FL-180) using the Declaration for Default or Uncontested Dissolution (FL-170), generally without a court hearing, since California's finalize-your-divorce process is built around submitting paperwork for a judge's review rather than an in-person hearing. See our guide to what happens if you don't respond to divorce papers in California for more detail.
Default Divorce in Florida
In Florida, a spouse served with a Petition and Summons generally has 20 days to file a written response. If that deadline passes with nothing filed, the other spouse can move for entry of a default under Florida Family Law Rule of Procedure 12.500.
A default is not an automatic rubber stamp: Florida courts typically still hold some form of final hearing before entering a default final judgment, and anything involving minor children, including the required Parent Education and Family Stabilization Course, still has to be satisfied regardless of the default. Florida law also expressly allows service by publication for dissolution of marriage cases when a spouse cannot otherwise be served.
See our guide to what happens if you don't respond to divorce papers in Florida for the full deadline and default process.
How Virdix Helps
Virdix prepares the California and Florida default-track forms, such as FL-165 and FL-170 in California, from your answers to a guided questionnaire, so your paperwork is complete and consistent when the other spouse does not participate. The current launch price is $79 through October 31, 2026. Virdix does not handle service by publication filings or represent you in a contested hearing; those steps and any set-aside motions are situations where speaking with a licensed attorney is worth doing.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Deadlines and procedures vary by state and can change; confirm current requirements with your court or a licensed attorney. For advice about your specific situation, consult a licensed attorney in your state.
Sources: California Courts (courts.ca.gov), Florida Statutes Chapter 49 and 61 (leg.state.fl.us)