What If Your Spouse Will Not Respond To Your Divorce Petition?

Once divorce papers are served, each person in the marriage is expected to react and participate in the proceeded as required. However, you may encounter that your spouse chooses not to participate for some reason. The reason could be the fact that he or she does not want to divorce or he or she intends to draw out the process. If you have a spouse who refuses to participate once the papers have been served, you should know the following:

Consider a Default Judgment

If your spouse will not participate in your divorce, you can request a default judgment. This type of judgment occurs when one person does not answer the filing by not coming to court. If you are given a default judgment, you will get what you ask for because the other party chose not to attend the legal proceedings to argue against your position.

How to Get a Default Judgment

Getting a default judgment can ease the divorce process or make it more difficult. If you intend to seek a default judgment because your spouse chooses not to participate in the divorce, you must include all details in regard to your divorce settlement in your initial divorce petition. You should list all the property you own together, your debts that have to be divided, and the like. If you do not include the specifics in your petition, you may have to amend it later, which means it will take longer to finalize your divorce.

Your spouse then has a certain amount of time to respond to the petition for divorce. If he or she does not respond, you can then request a default judgment from the court. You will have to appear in court to testify that all information you have provided is true and accurate. You also have to testify that your spouse was adequately served and opted not to respond.

Get Help From Your Attorney

A spouse who does not follow through on your divorce proceedings can often be problematic. For that reason, you should work closely with your attorney as you seek a default judgment. He or she will make sure your initial divorce petition is thorough and includes all the necessary information should you need to seek a default judgment. Your divorce attorney will also make sure you have followed all the necessary protocols to ensure your divorce proceeding is not drawn out for too long.