You are involved in a high-conflict divorce specifically because your spouse does not believe in divorce. They do not think you should end the marriage and have adamantly told you they do not want to—even though both of you are unhappy with the relationship.
However, you know there are irreconcilable differences in your relationship. You have tried to resolve them, but you can’t, so divorce is the only option you have left.
You file the paperwork and serve your spouse the divorce petition. But because they are unhappy with the arrangement, they decide to simply ignore it and not respond. Could this prevent the divorce from taking place?
You can still get a default divorce
Your spouse can delay the divorce process by ignoring the petition. You have to wait for them to have the appropriate amount of time to review it and officially respond to the court. Just because they refuse to sign it immediately doesn’t mean you can set up the first hearing without them.
However, once your spouse misses that deadline, the court will allow you to request a default divorce. This can even work in your favor, as you are far more likely to get the terms you want if your spouse is no longer involved in the court process. So, your spouse cannot prevent the divorce, but can only delay it for a short time.
This is just one way your divorce could become more contentious and complicated than necessary. If you find yourself in this position, it is crucial to understand all the legal steps you can take to protect your rights and seek the outcome you deserve.