What Happens When My Spouse Doesn't Want a Divorce?

When one party wants to get divorced, there is no way to stop the process from happening. The party choosing to begin the divorce process (the “Petitioner”) starts by having two documents personally handed to the other party (the “Respondent”): the Summons and the Petition. The Petition sets out the basic facts of the marriage and the parties. The Summons has restraining provisions in it, meaning things have to stay basically the same through the divorce process, and gives a 30-day time limit to respond to the paperwork.

If the Respondent misses the 30-day time limit to answer, the Petitioner is able to go back to the court, stating that the Respondent is in “default” and have the divorce processed anyway. You may or may not have to make a court appearance, based on your specific circumstances. Not all issues are always able to be resolved with a default, however. if you have property out of state, or children out of state, you should consult with an attorney. But the bottom line is not both parties need to participate in the process in order for the court to grant a divorce.

If you have been served with divorce papers, even if you do not want a divorce, it is in your best interest to respond within the 30-day time frame. If you miss the deadline and the court enters the divorce without you having a say, it is very difficult to reopen the case later on. If you have questions about what your rights are in the divorce process, contact a family law attorney today. At Heimerl & Lammers, we offer free initial consultations. Call us today to discuss your case.