If you want to get divorced, you must officially inform your spouse by serving them the divorce petition. Most of the time, this can be done in person. There are some exceptions, such as serving by publication, but these are far less common than simply giving your spouse the paperwork, which they then have to sign and file.
When your spouse receives the divorce petition, it will inform them of the deadline by which they must respond. Some people sign the paperwork immediately, while others may take time to consider their options before signing.
But what happens if your spouse simply refuses to sign the paperwork at all? Would this prevent you from getting divorced just because they won’t cooperate with the legal process, thereby keeping the court from setting up a hearing?
Obtaining a default judgment
As noted above, there is a deadline for your spouse to respond. If they refuse to do so, it does delay the process because you still have to wait for that deadline to pass.
However, this doesn’t prevent the divorce. After the deadline passes, you can ask the court for a default divorce. The court can still issue the divorce and end your marriage, even without your spouse’s involvement.
This process is sometimes used when a person can’t locate their spouse at all. But it also applies if your spouse simply refuses to cooperate. They may think they’re stopping you from ending the marriage, but they’re only delaying the inevitable. You can still move forward and get a divorce on your own.
A complex process
That said, if your spouse is non-cooperative, it can make the divorce more complicated. This is why it’s so important for you to understand exactly what legal options you have.