Divorce is easiest if you and your spouse both communicate and are involved in the process. The fastest divorces are those where you agree on all of the terms, known as uncontested divorces. But even in a contested divorce, both of you will typically still be involved in going through the court process to find solutions regarding marital property division or child custody.
That being said, the involvement of both spouses is not a requirement for a divorce. The court still has the option to issue a default divorce judgment, even if one spouse is participating and the other is not. Below are two reasons why that may happen.
The other spouse cannot be located
In some cases, a person wants to get a divorce because their spouse has abandoned the marriage and they cannot even locate them. There is no way for them to serve them with the divorce petition. This could happen if they married someone from another country, for example, who has returned to that country without officially ending the marriage.
The other spouse refuses to cooperate
In other situations, it may be that the person can be located and served, but they simply refuse to respond to the divorce petition.
This sometimes happens when a person does not want to get divorced. They refuse to sign the paperwork, perhaps mistakenly believing that ignoring it will prevent the divorce. But once certain deadlines have passed, the court can still move forward with a default divorce judgment.
Your legal rights
If you are considering a divorce and you are worried about these types of complications, it is very important for you to understand all of your legal rights and the options at your disposal.
