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Can your spouse refuse to cooperate with the divorce petition?

On Behalf of | Feb 21, 2024 | Divorce

If your spouse does not want to get divorced, you may be worried that they are going to make things difficult. In fact, maybe they have told you that they are not going to cooperate and they refuse to get divorced. They believe that this ends the conversation because you need them in order to terminate the marriage.

But is this actually true? Or are there steps you can take to get the divorce yourself, regardless of what your spouse says?

You can get a default divorce

You can still get divorced. Your spouse only has so long to ignore the divorce petition. If they don’t respond and they miss the court-appointed deadline, then the court can issue a default divorce.

With a default divorce, the court still goes through the same process of determining how you should divide marital assets and what to do about child custody – if you are parents. In the end, they can issue a default divorce decree and end your marriage.

One key difference, however, is that your spouse will not be in court to debate how custody or assets should get split up. In some senses, this may make it easier for you to get the results that you want out of your divorce. But it can also make things more complicated and it will likely take longer because you have to wait for your spouse to miss certain deadlines before you can move forward. So there are both pros and cons to this situation.

Considering your legal options

If you find yourself in this sort of complex situation regarding your divorce, it’s very important to know what legal options you have. It can also help to have an experienced legal team at your side.


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