Divorce proceedings can worsen an already contentious relationship. Spouses facing divorce are often at their worst behavior, lashing out emotionally and failing to think rationally. They destroy or hide property, fight in front of their children and take actions that can actively harm their case in family court later.
Lengthy disputes about the terms for divorce are common. In some cases, one spouse might dig in their heels, refusing to proceed with the divorce. They may have religious or personal objections to the idea of divorce.
Those feeling trapped by a spouse’s refusal to negotiate or even communicate about divorce may believe that they have to remain in an unsatisfying and potentially unhealthy marriage. However, only one spouse has to insist on divorce for the legal process to be possible.
Ignoring legal service won’t prevent divorce
The divorce process begins when one spouse files a petition with the courts. They must then arrange to serve their spouse with the divorce paperwork. After service occurs, the responding spouse only has a few weeks to communicate with the courts on their own behalf. The fastest divorces typically involve spouses who cooperate and pursue an uncontested divorce where they settle all major matters outside of the courts.
If one spouse refuses to cooperate, how they respond to the filing determines what happens next. Typically, the spouse served with divorce paperwork has 30 days to acknowledge the divorce filing and possibly counter the terms proposed by the filing spouse. If they fail to respond, the divorce may proceed without their participation.
The filing spouse can request to move the process forward due to the default of the responding spouse. Ultimately, the failure to respond to service appropriately does not prevent the divorce. An intense, acrimonious response may be a much more concerning situation. Disputes over financial matters and parenting rights can extend the divorce process significantly as spouses try to negotiate or eventually present their case in court during a litigated divorce.
Being prepared for the complications of a contested divorce can help people lay the foundation for the best future possible. Those who know what to expect and who have appropriate support can approach the divorce process feeling empowered, rather than anxious.