Divorce is often seen as a clean break and the end of a marriage. But what if your spouse doesn’t want to get a divorce?
It’s no secret that ending a relationship can be difficult, especially if one person refuses to let go. If you find yourself in this challenging situation, it’s critical to understand your options.
Initiating the divorce process
In any divorce proceeding, the first step is to initiate the process. It’s your right to file for divorce, regardless of your spouse’s wishes. You can do this by filing a Petition for Dissolution of Marriage with the court.
After you file the petition, a copy will be served to your spouse, and they have 30 days to respond. Sometimes a spouse will try to evade the process server on purpose, thinking that will forestall the divorce indefinitely – but that’s simply not so. The court can allow the petitioning spouse to serve notice through alternative means, such as certified mail or publication. If the defendant spouse still doesn’t respond, the default divorce process can begin.
A default divorce means the court will grant the divorce in your favor because your spouse has not responded to the petition. This generally means that you will be granted whatever you ask for in your petition.
Filing for a divorce from a spouse who doesn’t want one can be a challenging and stressful situation. It is vital to work with someone who can help you navigate the divorce’s complexities and ensure your rights are protected – and that all the right steps are followed with your petition. With the right support, you can begin to move forward with your life.