You want a divorce, but your spouse – for whatever reason – doesn’t want to admit that the marriage is over.
That’s made negotiating an end to your relationship particularly difficult, if not impossible. You’ve been stuck at a stalemate for months now, with no sign of moving forward. Is there anything you can do? Here are some options:
You can move for a contested divorce
Divorces are said to be “uncontested” when both parties are willing to sit down and work out the terms of their split on their own. When they can settle all major issues regarding the division of debts and property, issues of support and any surrounding possession of and access to the children, no drawn-out litigation is necessary.
If your spouse keeps making agreements only to break them or rescind their consent to some terms of the divorce hours after they give it, you may simply have to ask the court to intervene.
You can ask for a default divorce
What if your spouse simply acts as if the divorce isn’t happening? Whether they’re just being stubborn or they genuinely believe that you can’t get a divorce if they refuse to respond to your petition, that’s no barrier.
You can ask the court to issue a default divorce judgment. This may slow your divorce down a little as the court makes certain that your spouse has been given a fair opportunity to respond, but a default judgment will generally be everything you ask for in your petition.
You can find a new way to serve them
Maybe your spouse is purposefully “hiding out,” so that they cannot be served with your divorce petition. Again, they may think that you cannot get a divorce (nor get support from them) until you find them – but that simply isn’t so.
If all other attempts to serve your spouse with the divorce petition the normal way have failed, you may be able to ask the court for permission to use an alternative method of delivery, including through social media or publication.
People often try to play mind games when they’re unhappy about a spouse’s decision to seek a divorce, but you don’t have to let that stop you. Experienced legal guidance can help you find a way through.