An uncooperative spouse can complicate the divorce process. This sometimes happens when your spouse simply doesn’t agree about getting divorced in the first place. They are staunchly opposed, and they’re looking for any way to prevent it from happening.
One tactic that people sometimes use is simply to ignore the process. They don’t respond to the divorce papers. They don’t acknowledge that the marriage is ending. Maybe your spouse thinks that you’ll just drop it if they don’t cooperate. But what is actually going to happen?
You can still pursue the divorce
First and foremost, remember that you can still get divorced. You don’t need your spouse’s cooperation and you don’t need them to respond to the divorce petition.
What you do need to do is wait and give them a chance to respond and decide to be part of the process. So if your spouse won’t cooperate, they can make the divorce take longer because the court won’t immediately set up a hearing. They need to give your spouse a chance to review the paperwork and respond properly.
But if time goes by and your spouse still doesn’t do anything, then the court can set up a hearing where you will be involved. They can issue a default divorce judgment. You still get divorced, and you may even get more of the terms you’re seeking—regarding asset division or child custody, for instance—because your spouse isn’t there to contest your decisions.
That said, even if your spouse eventually begins to cooperate with the process, you may have a contentious divorce. Take the time to carefully consider all of the legal options at your disposal.