While there are no laws that say you must remain married to someone, divorces without both parties participating can be more complex and lengthier. Read on and find out what can happen when one party is against divorce.
It Takes Two
Marriages take two people and so do most divorces. Even reluctant parties may come around when faced with increasing evidence of the other party's intention to split up. If your spouse is refusing to speak of divorce and you are sure you want to move forward, take the below steps:
Speak to a divorce lawyer. Let the lawyer know about your spouse's attitude toward divorce and get some legal advice. Divorce laws can vary by state and it's more of a process than a single act. Hopefully, by the time the process comes to a close, your spouse will become cooperative.
Create an agreement
It takes two to make an agreement so try and encourage your spouse to take part in making important decisions about things like marital debt and property, child custody and visitation, and more. Warn your spouse that the decree will move forward regardless of their wishes. Do not, however, use force, tricks, or coercion on the reluctant spouse. Those actions are not in line with a legal divorce process.
Serve the divorce papers
You will need to hire a service to personally deliver the divorce papers to your spouse. This is important and prevents your spouse from later claiming that they did not know about the divorce.
Enter a default divorce
A default divorce occurs when the other party fails to come forward during the time the divorce was pending. When the other party is uncooperative, there are laws and waiting periods that must be abided by before the default divorce is granted.
However, a default divorce is more than just being divorced from a non-cooperative spouse. It also means that the divorce provisions you asked to be included are all automatically granted. Being able to enforce those provisions like child support or marital debt division is another matter.
If you have made all the right moves, you are now divorced. However, your ex may challenge the ruling if they are still against the divorce. In most cases, the rulings and orders that were attached to the divorce cannot be altered. However, any orders pertaining to minor children are subject to change.
This is a very complex way to get divorced. Speak to a divorce attorney to find out more.