When you are getting divorced, it’s not uncommon for both spouses to experience an overwhelming amount of emotions. The spouse filing, though taking the first step to initiate the process, may mourn the marriage, while the respondent, or spouse who did not file, can experience anger, frustration, and grief. However, these emotions can lead to your spouse refusing to respond to the divorce petition. If this reflects your circumstances, you may worry that you will be unable to proceed with the divorce. However, the following blog explores what happens when your spouse won’t sign divorce papers and why it’s imperative to connect with Tampa divorce lawyers who can assist you during these complicated issues.
Why Might a Spouse Refuse to Sign Divorce Papers?
Divorce can, unfortunately, bring out the worst in people. As such, when you file for divorce, your spouse may experience a range of emotions leading them to refuse to cooperate with your divorce filing.
Generally, if your spouse feels betrayed or angered by your decision, they may refuse to respond to the petition as a means of spiting you. They may want to make the process as difficult as possible for you as a way to “get back” at you for filing.
Another reason they may not sign the papers is because they hope to work things out with you. Many feel like signing these papers will expedite the process, and instead, they want to prolong it in the hopes that you will change your mind. Many assume that a divorce cannot proceed unless both spouses have responded, which is untrue.
Can I Still Get a Divorce if My Spouse Won’t Respond?
As mentioned, though your spouse may not be responsive to the divorce papers, you can still proceed with the divorce. When your spouse is served, they will have 20 days to file a response. They will respond to the requests you have made regarding matters like child custody, alimony, and property division. If they do not respond by the 20-day deadline, you can ask the court clerk to enter a default divorce ruling. This will allow you to continue through the divorce without your spouse responding to the papers.
In many instances, a default divorce will grant the filer the requests they made when filing the petition. This is because your spouse forfeits their right to request a different outcome.
If you are filing for divorce, ensuring you have an attorney to assist you in this process is critical. However, it becomes even more pressing when you have an uncooperative spouse. At Tampa Law Group, our firm will do everything possible to assist you through these complicated matters. When you need help, our firm is here. Connect with us today to discuss your circumstances with a member of our team.