What happens if a spouse doesn’t reply to a divorce petition?
When a spouse doesn’t respond to a divorce petition, the court can proceed with a divorce without his or her response. … Provided that the court believes the other spouse has had notice of the legal action and opportunity to respond, the court can move forward and dissolve the marriage.
Can you force a divorce if the other person refuses?
You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. … Assuming your spouse has still refused to show, the court will generally grant the reasonable requests of whichever spouse has appeared at the default hearing.
What happens when one spouse doesn’t want a divorce?
If your spouse won’t engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won’t participate. … Eventually, though, the judge will grant you a divorce by default. All of this will take time and cost money.
What happens if you dont answer divorce complaint?
Receiving a divorce petition
If your spouse files for divorce, you’ll receive a divorce petition in the post. … Once you’ve received the petition, you have 8 days to return the acknowledgement of service form to the court. If you don’t respond within this time, the divorce might be able to go ahead anyway.
How Long Can a divorce be put on hold?
In situations where the couple wants to work on their marriage before they decide to get divorced, they can put a hold on the proceedings by filing the Motion to Abate. It depends on what county the divorce is filed in, but this hold can last for 60 to 90 days.
How long can a spouse drag out a divorce?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
Can I get a divorce even if my husband refuses?
Even if your spouse refuses to sign any documents, the court can grant a divorce order.
Can a judge deny a divorce?
Thus, the courts can deny you a divorce if the judge is convinced you haven’t sorted all your kid’s custody issues. Not proving at-fault divorce – If you stated fault-based grounds for divorce, such as adultery, and you failed to sufficiently support these claims with evidence, the court can deny your divorce.