Can My Spouse Prevent Divorce by Ignoring It?

Divorce is an emotionally challenging process that can become even more complex when one spouse wishes to end the marriage while the other is resistant to the idea. It’s important to understand that a spouse cannot prevent a divorce simply by ignoring it. The legal system allows individuals to seek a divorce even if their partner is not in favor of it. However, the process can be more complicated when the divorce is contested, and the unwilling spouse refuses to cooperate.

Contested vs. Uncontested Divorce

Divorces, where both parties can agree on the terms of their split (uncontested divorces), are ideal both in terms of time and money, but this does not always work for every couple. When one spouse refuses to sign divorce papers, the other spouse will have to seek a contested divorce, which must go through a family court. The spouse seeking the divorce must formally notify the other spouse with divorce papers, giving them a chance to appear in court. If the spouse fails to appear in court for the scheduled divorce hearing, the spouse seeking the divorce can request a default divorce, meaning that the court will honor the original request and all of its terms.

No One Can Ignore Divorce

In other cases, a spouse cannot get the other spouse to sign divorce papers simply because they cannot be located. In this scenario, the courts will allow a filing on the basis of abandonment. If the spouse cannot be located or contacted within six months, the court can grant the divorce without a hearing.

Sometimes a refusal to sign divorce papers is an act of spite, but there are other reasons as well. Consider the following ways to help prevent the likelihood of a spouse refusing a divorce:

• All 50 U.S. states offer no-fault divorces. This means that a couple does not have to cite a particular reason for divorce other than “irreconcilable differences.” Choosing to file a divorce on no-fault grounds can eliminate the finger-pointing that can lead to a scorned spouse’s refusal to sign divorce papers.
• In many cases, a spouse may be reluctant to sign divorce papers because they feel that the terms of the divorce are unfair. Mediation services with the help of a third party are an effective way to come to a resolution that satisfies both spouses.

Legal Recourse For Uncooperative Spouses

When dealing with an uncooperative spouse during the divorce process, individuals have legal options to move forward with the divorce despite the resistance. One effective option is filing a motion for default judgment if the resistant spouse fails to respond to the divorce petition within the specified time frame. This motion informs the court of the other party’s non-participation and requests a judgment in favor of the petitioner. However, it is essential to adhere to all legal requirements when pursuing default judgment to avoid potential setbacks.

In cases where the resistant spouse deliberately evades being served or their whereabouts are unknown, seeking the court’s assistance in serving divorce papers is another approach. The court may permit alternative methods of service, such as publication in a local newspaper or service by mail to their last known address, ensuring that the divorce process can proceed even without direct communication.

Getting the Right Help

Divorce law can be complicated without the assistance of an experienced lawyer to guide you. With more than a century of collective legal experience, Modern Family Law is highly familiar with the nuances of Colorado, California, and Texas divorce laws and can help you understand all of your options. It is our goal to help resolve your divorce as quickly and smoothly as possible by preparing for any contingencies before they arise.

If you are considering a divorce, or are having difficulty getting your spouse to sign divorce papers, we encourage you to consult with a  divorce lawyer at our firm to see how we can help.

Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.