You made all the arrangements for the divorce and sat down with your spouse for a talk. You took the time to make everything as easy (and fair) as possible, from how the property was divided to how custody was split. When the time came, you even put all the paperwork together.
You thought your spouse agreed to everything. To your shock, however, they suddenly refused to sign the paperwork. They say they’re not going to “allow” you to divorce them.
Now you’re stunned and pondering where to go from here. This isn’t a position anyone wants to find themselves in.
What can you do to get the divorce you want?
You’ll want to look into what’s called a default divorce. To obtain a default divorce you will need to take on a series of actions:
- Write up a divorce summons and petition: This will include an extensive list of information about you and your spouse, including residence information, marriage date, and expectation for child support.
- Arrange for the petition and summons to be served: Your spouse must reply within 21 days of being served the divorce petition if they wish to contest the divorce.
- Ask the court for a default divorce: If your spouse continues to refuse to participate in the divorce process, you can petition the court for a default judgment.
The judge will finalize the ruling and bring forth a final judgment. Every last penny from the marital estate will be distributed and any unsettled issues resolved. After multiple court hearings and a hardy struggle, you will eventually be legally divorced from your spouse and free to move on with life.
Does it have to be this hard?
The short answer is no, this could all blow over. Not all divorces need to start and end with a fight. Your spouse may need time to think, get some air and come back ready to file for a divorce. Both you and your spouse may yet come to an agreement.
Divorce is a sticky situation that has many twists and turns. If you’re unsure about how to proceed or need a question answered, then you may need legal assistance that can solidify your choices.