Divorce can be a complex and emotionally charged process. If you have been served divorce papers in Colorado and are wondering what happens if you do not sign them, it is essential to understand how the law works. While refusing to sign may seem like a way to stop or delay the divorce, Colorado law has mechanisms to move forward with the case even if one spouse is uncooperative.
Below, we will discuss what happens if you do not sign the divorce papers, how Colorado law treats contested and uncontested divorces, and what your rights and options are in this situation.
Colorado Is a No-Fault Divorce State
Colorado is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing, such as adultery or abandonment, to obtain a divorce. The only legally recognized ground for divorce is that the marriage is irretrievably broken (Colo. Rev. Stat. § 14-10-106). This means that even if one spouse does not agree to the divorce, the court can still grant it if the other spouse asserts that the marriage cannot be repaired.
This is important to understand because refusing to sign the divorce papers will not prevent the divorce from happening. Instead, it may delay the process and limit your ability to have a say in the outcome.
What Happens If You Ignore or Refuse to Sign Divorce Papers?
If you refuse to sign or respond to divorce papers in Colorado, the court may proceed with the divorce without your participation. Here’s how the process typically unfolds:
1. You May Be Considered in Default
When one spouse files for divorce, they must serve the other spouse with the petition and summons. This provides formal notice that a divorce has been initiated. Once served, the recipient has 21 days to respond (or 35 days if served outside of Colorado), per Colo. R. Civ. P. 12(a)(1).
If you fail to file a response within this time frame, the petitioner (your spouse) can request a default judgment from the court. A default judgment means that the divorce can proceed without your input, and the court may grant the terms your spouse requested in their filing.
2. The Court Can Grant a Default Divorce
The court will schedule a default hearing if you do not respond to the petition. During this hearing, the judge will review the petitioner’s requests regarding property division, child custody, spousal support, and other key issues. Since you did not respond, the court may approve these requests without your involvement.
Default divorces often result in outcomes that heavily favor the filing spouse because the other spouse loses the opportunity to negotiate or contest terms. This is why it is crucial to participate in the process, even if you disagree with the divorce.
Can You Stop a Divorce by Refusing to Sign?
No, refusing to sign does not stop the divorce from proceeding. Colorado courts do not require both spouses to agree to end the marriage. If one spouse asserts that the marriage is irretrievably broken, the court can finalize the divorce.
If you disagree with the terms proposed in the divorce petition, the best course of action is to file a formal response and participate in the proceedings to protect your interests.
What If You Want to Contest the Divorce?
If you disagree with the terms outlined in the divorce petition, you must respond within the 21-day deadline and request a contested divorce hearing.
How a Contested Divorce Works
A contested divorce occurs when spouses cannot agree on key issues, including:
- Division of property and assets
- Child custody and parenting time
- Child support
- Spousal maintenance (alimony)
If both parties cannot reach an agreement through negotiation or mediation, the court will make these decisions based on Colorado divorce laws. The judge will consider factors such as:
- The length of the marriage
- Each spouse’s financial situation
- The best interests of any children involved
If you want a say in the final divorce settlement, contesting the divorce is the best way to ensure your interests are represented.
Can You Negotiate Divorce Terms Without Going to Court?
Yes, even if you initially refuse to sign, you can later participate in mediation or negotiations. Colorado courts encourage alternative dispute resolution (ADR) methods like mediation to help spouses reach a mutual agreement without a trial (Colo. Rev. Stat. § 13-22-311).
Mediation can be a valuable option if you want to avoid a judge making decisions for you but still want to negotiate the terms of your divorce.
What to Do If You Have Been Served Divorce Papers
If you have been served with divorce papers in Colorado and are unsure about what to do, consider the following steps:
1. Read the Documents Carefully
The divorce petition and summons outline the terms your spouse is requesting. Understanding these terms will help you determine whether you need to contest any issues.
2. File a Response on Time
You have 21 days (or 35 days if served outside of Colorado) to file a response. Failing to respond can result in a default divorce judgment, which could be unfavorable to you.
3. Seek Legal Guidance from a Colorado Divorce Lawyer
An experienced divorce lawyer can help you:
- Understand your legal rights
- Respond to the petition appropriately
- Negotiate a fair divorce settlement
- Advocate for your interests in court, if necessary
4. Consider Mediation or Settlement Discussions
If you and your spouse are willing to negotiate, mediation can be a cost-effective way to resolve disputes without a lengthy court battle.
5. Prepare for a Court Hearing If Necessary
If you and your spouse cannot agree on key issues, a judge will make final decisions regarding your divorce settlement.
Final Thoughts
Refusing to sign divorce papers in Colorado will not stop the divorce process. Instead, it may result in a default judgment, leaving you with unfavorable outcomes regarding property division, custody, and financial support.
If you have been served with divorce papers and disagree with the terms, it is crucial to respond within the required time frame and seek legal advice. Participating in the divorce process ensures you have a say in important decisions that will impact your future.
Contact a Colorado Divorce Lawyer
If you are facing a divorce in Colorado and are unsure of your legal options, Baker Law Group can help. Our experienced divorce attorneys provide strategic guidance and strong advocacy to protect your rights throughout the divorce process.
Contact Baker Law Group today to schedule a consultation and discuss the best approach for your situation.
