It is common for people preparing to divorce to disagree about the terms of their divorce. Spouses may argue over what assets and debts they should split or how to share parental rights and responsibilities. In some cases, they may even disagree about whether divorce is actually necessary. Either spouse can potentially petition the family courts seeking a divorce.
Sometimes, one spouse wants a divorce despite knowing their partner likely prefers to remain married. Do filing spouses need to worry about the possibility of the responding spouse blocking their divorce partition or refusing to participate in the divorce process?
A response isn’t necessary for divorce
Some divorces are relatively quick because the spouses work together to file paperwork and set their own terms. Other times, one spouse initiates the process, and then the spouses either negotiate or litigate to settle any disagreements they have.
The spouse filing for divorce typically needs to serve the other spouse with divorce paperwork. The non-filing spouse can respond, but the law does not require their participation so long as they received service. The filing spouse usually needs to wait at least 60 days to have a hearing in family court.
It is possible to proceed with a divorce without the involvement of both spouses, provided that the filing spouse follows the proper procedure. Even if the responding spouse contests the proposed terms of the divorce, they typically cannot prevent the courts from granting the divorce.
Those anticipating pushback from their spouses may need support as they begin preparing for divorce. Learning more about state laws can help people understand what to expect as they navigate divorce proceedings.