Steps to Take if Your Spouse Will Not Sign a Divorce Agreement

Not all Ohio divorce cases must head to the courtroom for the resolution of important issues. In fact, the vast majority of couples work out at least some of these matters by agreement, including property division, alimony, and issues related to minor children. Ohio divorce laws recognize marital agreements, and the benefits are numerous. You gain more control over the divorce process since you can craft an arrangement that works best for your circumstances. Plus, there is certainty with the outcome when you agree. In court, the judge may make a decision you did not expect.

However, despite the benefits, it can be challenging to get your spouse to sign. You might have minor disputes or be unable to come up with solutions that suit your needs. Fortunately, there are strategies to help parties reach a compromise, even when it seems like an agreement would not be possible. Representation from a North Canton divorce attorney is essential, but you should review some steps to take when your spouse will not sign a divorce agreement.

Turn Things Over to Your Lawyers

When attempting to reach an agreement between the two of you, there may be some areas where each party is unwilling to budge. However, when negotiations take place through your respective attorneys, spouses are often more open to compromise. Your lawyer will guide you in the discussion, ensuring you understand your rights with respect to marital assets, spousal support, and as a parent. Settlement negotiations can take place over the phone or in meetings, and your agreement can be entered in court as part of the final divorce decree.

Consider Mediation

If informal settlement discussions reach a standstill, it is likely that the court will order the parties to participate in mediation to resolve differences. Mediation is also a conversation focused on compromise, but it is a more structured process. A professional mediator oversees the proceeding, guiding the parties in discussions about their disputes. 

If you reach an agreement on any or all divorce disputes, you can enter it as an order in court. However, mediation is not binding, and the mediator does not make decisions. Any remaining disagreements must go to court for a hearing.

Prepare for a Contested Hearing

When your spouse will not agree and mediation is unsuccessful on some issues, your case must go to a contested hearing. This proceeding is a trial before an Ohio family court, so each party will present testimony and exhibits to support their positions. After the judge hears evidence and arguments from both sides, he or she will apply the laws to the facts to render a decision. 

Discuss Strategy With a Skilled Ohio Divorce Lawyer 

For more information on what to do when your spouse will not sign a divorce agreement, please contact Fout Law Office, LLC. We can set up a consultation at our location in North Canton, OH. Our team will assist with negotiations, and we are ready to take your case to mediation and court as necessary to protect your rights.