When one spouse initiates divorce proceedings, the other spouse must be formally served with the divorce papers by a qualified party. These court papers serve as an official notification that the divorce process has been set in motion. Once the receiving spouse has been served, they are required to respond within a specific timeframe to the divorce petition by providing a detailed response. It’s important to understand that failure to respond within the right time frame can not only slow down the divorce process but also lead to significant legal ramifications regarding the outcome of the divorce. Many spouses attempt to stop the process from moving forward by ignoring the divorce petition. However, this failure will not halt the process, but it can make it much more complex and leave the non-responding spouse without a say in the terms that will apply to the termination of the marriage. If this reflects your circumstances, please continue reading to learn whether you can still get a divorce if your spouse won’t cooperate and why connecting with our trusted Bristol County Divorce Issue Lawyers is in your best interest.
What Happens When a Spouse Doesn’t Respond to the Divorce Papers?
If your spouse refuses to sign divorce papers, you may wonder what to do next. Fortunately, there are options. When a spouse fails to respond to a divorce petition, the court can still proceed with the divorce. Typically, the petitioner, the party who filed for divorce will need to request a default divorce. With this judgment, the terms of the divorce settlement are determined by the petitioner without any input from the other party. However, the terms must be approved by the court. This type of divorce is generally much quicker than litigation. Before granting a default divorce, the spouse seeking the dissolution of marriage must demonstrate to the court that they filed the necessary paperwork and that the other spouse was properly served with the divorce papers. It’s important to show that the other spouse has had notice of the illegal action and the opportunity to respond.
Nevertheless, While the court will grant the divorce based on the terms outlined in the initial divorce petition, it doesn’t necessarily mean that the court will simply award the petitioner all of the marital property. It does mean that the non-responsive spouse will relinquish their opportunity to contest the initial terms regarding property divisions, support orders, and more.
The divorce process can be complicated even under the best circumstances. The process can become even more difficult when a spouse fails to respond to a divorce petition. That said, it’s in your best interest to consult an experienced lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you navigate your legal options and protect your interests. Connect with us today to learn more about how we can help you dissolve your marriage.
