One complication to the divorce process that you may experience is if your partner won’t respond. Perhaps the two of you are already estranged and living separately, so it’s just difficult to get in touch with them or even impossible to find them. Or perhaps you are still living together, but your partner doesn’t want to get divorced, so they refuse to respond to the divorce petition and file the proper paperwork.
In a situation like this, you may be worried that you can’t get divorced because you need your spouse’s cooperation. If they refuse to submit the paperwork or attend court hearings, is it still possible for you to get the divorce on your own?
A default judgment
Yes, you can still get divorced. The court has the option to use a default judgment. You don’t have to worry that divorce is impossible. It does help things go more smoothly if your spouse will cooperate, but you don’t technically need them in order to end the marriage.
In some senses, this can actually be positive for you as it affects the terms of your divorce. For instance, perhaps you have requested sole custody of your children because you don’t think it would be safe for them to live with your ex. If your spouse was involved in the divorce process, they may be able to argue that they should actually get joint custody. But if they ignore the divorce petition and don’t come to the hearings, then the court is more likely to simply rule in your favor and give you the custody arrangement that you’ve asked for. The same can be true when dividing up assets.
The downside is that a default judgment can take longer because the court has to wait for your ex to miss certain deadlines before proceeding. So this can complicate the process, and it’s important for you to know what legal steps to take.