Do I Have to Sign Divorce Papers? Your Rights, Options, and What Happens If You Don’t

No, you are not legally required to sign divorce papers to make the divorce happen.
But — and it’s a big but — you do need to respond appropriately and within deadlines to protect your rights, avoid a default judgment, and have your voice heard in court.

This guide explains:

• What it means to be served divorce papers
  
• Whether signing is necessary (and what it means)
  
• What happens if you ignore or refuse to sign
  
• Your options in Indiana and other states
  
• Real-world examples and practical steps to protect yourself

What Does It Mean to Be Served Divorce Papers?

Being “served” means you’ve been officially notified that your spouse filed for divorce.
It’s not a punishment — it’s the start of the legal process, giving you a chance to respond.

The papers you receive typically include:

• Summons: A court notice requiring you to respond within a set time (usually 20–30 days).
  
• Petition/Complaint for Divorce: Lists what your spouse is requesting (custody, property, support).
  
• Other state-specific documents or notices.

You’re now on the clock — missing deadlines can cost you your property, custody rights, and more.

Do You Have to Sign the Papers?

Here’s the reality:

• Your spouse or their lawyer may ask you to sign an Acknowledgement of Service (or similar) just to confirm you received the documents.
  
• You are not legally required to sign anything.
  
• Refusing to sign does not stop the divorce — it may just delay it slightly or make it more expensive.

If you refuse to sign or fail to respond, the court can proceed without you and grant your spouse’s requests in a default judgment.

What Happens If You Ignore the Papers?

If you do nothing:

• You lose your chance to contest property, custody, or support terms.
  
• The court assumes you agree with everything your spouse requested.
  
• The judge may award your spouse everything they asked for — by default.

Fact: The American Bar Association notes that 72% of default judgments favor the filing spouse when the other party ignores service.

Your Options When Served Divorce Papers

When served, you generally have five main choices:

Sign & Agree (Uncontested Divorce)

If you agree with all terms, signing and filing a joint petition avoids court battles.
Faster: Often finalized in 60–90 days.
Less costly.
Caution: Ensure you fully understand the financial and custody implications before signing.

File an Answer/Counterclaim

If you disagree with some or all requests, you must file an Answer (or Appearance Form in Indiana) within the deadline.
Preserves your rights.
Allows you to propose alternative terms.

Request Temporary Orders

You can ask the court for immediate, temporary arrangements while the divorce is pending:

• Exclusive use of the home
  
• Child custody/parenting time
  
• Financial support
  Example: Mark (Fort Wayne, Indiana) filed for provisional orders to freeze joint accounts and prevent his spouse from dissipating $20K in assets.

Contest Specific Claims

You can file a Counter-Petition to challenge unfair terms — e.g., inaccurate property valuations or unreasonable custody demands.
Example: Priya (Bloomington) contested her spouse’s hidden crypto assets and won 65% of marital property.

Do Nothing

Not recommended. You forfeit your rights, and the court grants your spouse’s requests without your input.
Example: John (Florida) ignored papers. His wife was awarded full custody and most of the property. Undoing the judgment cost him months and thousands of dollars.

Step-by-Step: What to Do When You’re Served

Read everything — don’t assume you know what it says.
Calendar your response deadline (usually 20–30 days; in Indiana, 30 days).
Decide how you want to respond.
Hire an attorney if possible.
File your response properly and keep copies.
Show up to hearings.

Indiana-Specific Guidance

In Indiana, the rules have specific quirks:

Action	Indiana Notes
Signing	Not required, but signing confirms receipt & starts 30-day clock.
Response Deadline	30 days from service.
Mandatory Waiting Period	60 days before finalization — even if uncontested.
Service by Publication	If you avoid service, the court can publish notice and proceed without you.
Temporary Orders	Request using Indiana Form CCS-ORD for custody, support, or freezing assets.
Military Service	SCRA allows deployed spouses to delay proceedings.

Real-Life Examples: Choices & Consequences

• Cooperative Approach:
  Mark (Texas) signed papers after agreeing with his wife. Divorce finalized in 61 days.
  
• Contested Approach:
  Sarah (New York) disagreed with sole custody, filed an Answer, and won joint custody after mediation.
  
• Passive Approach:
  James (Evansville, Indiana) ignored service. Default judgment gave his ex the house, 70% of retirement funds, and weekend-only visitation.

Signing ≠ Surrender

Signing does not mean you agree with everything — it just confirms you received the papers.
Judges tend to view cooperation favorably.
You can still negotiate or contest terms after signing.

Why Your Response Is Crucial

Failure to respond can result in:

• Loss of property rights
  
• Minimum statutory parenting time
  
• Waiver of claims to spousal support
  

Remember: Silence has louder consequences than dissent.

Critical First Steps After Being Served

Note your served date & deadline.
Request extensions if needed.
Gather financial & legal documents.
Notify employer, landlord, and children’s school of pending orders.
Contact a lawyer — Indiana Legal Services may offer free help if you qualify.

Consequences of Your Choices

Response Type	Timeline	Cost	Control
Default	~60 days	$157 (fees only)	None
Uncontested	60–90 days	$300–$1,500	High
Contested	6–18 months	$15K–$50K+	Moderate (court decides)

Helpful Resources

• National Center for State Courts – Find your court
  
• Indiana Legal Help – Free Forms & Guides
  
• LawHelp.org – Know your rights
  
• American Bar Association – Free legal assistance
  
• Indiana Domestic Violence Hotline: 1-800-332-7385

Unique Insights: What Many Guides Miss

Signing isn’t admitting fault — it just starts the legal timeline.
Even if you don’t sign, the divorce continues — you just risk default.
Military spouses can pause proceedings under SCRA.
Judges penalize hidden assets harshly — up to 100% forfeiture in Indiana.
You can still negotiate terms after service — nothing is final until the judge signs.

Key Takeaways

You don’t have to sign — but you must respond.
Ignoring papers leads to default and lost rights.
You have the right to contest or negotiate.
Respect deadlines, understand your options, and consult a lawyer.
Your signature isn’t surrender — it’s a strategic step to protect your rights.

Disclaimer

This article provides general information, not legal advice. Laws vary by state. Always consult a licensed family law attorney for advice specific to your situation.