State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

Can you get a divorce if the other person refuses?

Generally, if the other spouse refuses to sign the initial divorce papers, the person seeking the process can still file the divorce and proceed with the initial petition which does not require signatures from both parties.

What to do if your spouse refuses to get a divorce?

If your spouse fails to participate in the divorce process, you have options. You are not required to remain married to someone if it is your desire to be divorced. At some point, he or she will have run down the clock and respond. If this takes too long, you can request that the judge issue a default judgment so that you can finalize the divorce.

What’s the best way to delay the divorce process?

Avoiding Service of Process. One of the most common delaying tactics is by avoiding service. The next step after filing for divorce is to bring your spouse under the power of the court. This is done by serving them with a copy of the divorce paperwork.

What’s the next step after filing for divorce?

The next step after filing for divorce is to bring your spouse under the power of the court. This is done by serving them with a copy of the divorce paperwork. However, if your ex avoids service, this will delay the divorce process. If your spouse avoids normal service, your divorce lawyer can ask the court for substituted service.

What happens if you never get a divorce?

I’m afraid that if you never get divorced, we’re never going to get married,” you’ve ended his false line of reasoning and put the ball back in his court. Now, instead of letting him wiggle out of it with another non-answer, nail him down and get an answer to the following $64,000 question: