Going through a divorce can be an incredibly emotional experience for those involved, especially in instances where the decline of the marriage may not be as apparent for one spouse. Regardless, this is a complicated legal matter, and things can become even more complex when one spouse refuses to cooperate with the other. Unfortunately, one of the most common occurrences is when one party refuses to sign the divorce papers, leaving the other unsure of how to proceed. If this reflects your circumstances, you’ll want to keep reading. The following blog explores what you should know about these complex matters and the importance of connecting with a Somerset County divorce attorney to assist you.
Can I Still Get Divorced if My Spouse Won’t Sign the Papers?
When you decide to file for divorce, you’ll need to serve your spouse with a copy of the divorce petition after you have submitted the papers to the court. Unfortunately, your spouse may not cooperate or accept service. This could be for a number of reasons, such as denial that you actually want to proceed with the divorce or out of spite, as they may want to make the process as difficult as possible for you. However, it’s critical to understand that you can still proceed with the divorce when your spouse will not cooperate.
If your spouse refuses service, you may be able to get the papers to them through certified mail or a process server. In the event they still refuse, you can utilize substituted service with the court’s approval.
In the event that your spouse has been served but refuses to sign the petition, the court may eventually grant a default judgment. This allows the court to proceed with the divorce despite the fact that the other party has failed to respond. Doing so ensures that legal proceedings can still happen even without a spouse’s cooperation.
How Long Will it Take if My Spouse Won’t Cooperate?
In general, when a spouse refuses to cooperate, it means that the divorce is contested. Unfortunately, this is a much longer process when compared to an uncontested divorce in which the spouses agree on everything.
Generally, a contested divorce can take at least a year, as parties negotiate the terms and conditions of the divorce. However, when a spouse fails to respond, you’ll find that the court can proceed with a default judgment thirty-five days after the spouse has been served.
A default divorce may actually be faster than other types of contested divorces. However, it’s important to note that hearings on matters like division of assets, child custody, child support, and alimony may still be required, even if your spouse has defaulted and is not present.
When your spouse is not cooperative, it can be incredibly frustrating, as you may want to move through this process and into the next chapter of your life. As such, it’s imperative to connect with an experienced attorney with the Siragusa Law Firm. Our team can help guide you through these matters and protect your best interests. Contact us today ot learn more.