What if my Spouse refuses to sign the Divorce Papers?

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First things first; in Texas, your spouse will never have to sign any piece of paper in your divorce case.

Your ex does not have put her signature on a Waiver of Citation. Upon a written request and a payment of a small fee ($8), the District Clerk will issue a citation. A process server or constable will charge a larger fee ($75 or so) and deliver the citation. She-who-does-not-sign-waivers does not even have to sign the citation. The process server hands her the papers and walks away.  

Your spouse does not have to sign a car title or a deed to property. The Judge can award legal title or the house or a car to you in the Divorce Decree.

However, if a deed with your ex's signature is important to you, then you may have to ask the Judge to specifically order your spouse to sign a specific document. If there is a deed that needs to be sign by a stubborn spouse, then it is common for a copy of the deed to be attached to the Decree of Divorce. The same Decree of Divorce will have language ordering the willful spouse to sign the deed within 7 days. This is a cumbersome procedure, but the Judge will enforce his rulings with contempt orders. Contempt can include punishments of jail time for up to 6 months and fines.

Your ex does not have to sign a mediated settlement agreement. If there is no agreement and no settlement, then the Judge will hear evidence and sign a Decree of Divorce. The agreement of your spouse is not required.

Your ex does not have to sign the Divorce Decree; it's the Judge's signature that makes the Divorce Decree an official, legal document.

There are times when legitimate arguments arise over the wording in a complicated divorce decree. If that happens, there will be a hearing, the Judge will make a ruling, and the Judge will sign a Decree of Divorce.

If one party simply unhappy about the divorce and refuses to sign the Divorce Decree, then a Motion to Sign Decree will be filed in the court, and the Judge will sign a Divorce Decree. 

Declining to sign the papers in a divorce case is childish and will annoy the Judge. In a contentious divorce, never exasperate the Judge; let you’re the other party frustrate the Judge. As a Judge hears a case, he or she can tell if there are legitimate things to argue about, or if one spouse is simply making life hard on the other party. Judges commonly make their irritation known by rendering a judgment for attorney fees against the pigheaded spouse.

Conclusion: If your ex is going to be childish and exasperate the Judge, then the case will be more contentious than you had hoped for. Is this may be the first time you have been in a divorce with a childish party? Well, the Court has seen hundreds of these cases. The Court will be prepared to handle this situation. Take a deep breath. Proceed with your case. In the courtroom and out of the courtroom, there are many things to worry about. Do not worry about a spouse's refusal to sign papers.