Divorce is never easy. However, dealing with an uncooperative spouse can make the legal process all the more difficult. Many people wonder whether they can still pursue a divorce if their spouse refuses to participate in the process. You shouldn’t have to stay in a bad marriage despite their refusal. Fortunately, their refusal to participate in the process does not diminish their ability to get divorced. If you are seeking a divorce, contact our knowledgeable Bristol County Contested Divorce Lawyers, who can help you understand how to dissolve your marriage with an uncooperative ex. Please continue reading to learn how to get a divorce from a spouse that won’t cooperate.
Can I get a divorce if my spouse won’t cooperate?
In Massachusetts, you can get divorced regardless of whether your spouse cooperates. When pursuing a divorce, you first must file your divorce petition with the court. Once you have filed your petition, you must notify your spouse of the impending legal proceedings by serving them with divorce papers. If they refuse to sign the petition after receiving the divorce papers, you will be required to file for a contested divorce. In a contested divorce, the court will resolve issues regarding child custody, child support, spousal support, property distribution, etc.
Although your spouse’s refusal to signal an acknowledgment or reciting the divorce petition complicates the process, you can still get a divorce if you can prove that you make a reasonable effort to serve your spouse. This usually involves hard evidence, such as delivery receipts. It is imperative to note that you can also request a true default judgment with the court.
What is a true default judgment?
If your spouse disregards the divorce petition, you may pursue a true default divorce. With a true default divorce, the court can grant a divorce without having both parties in court. However, before this can occur, you will be burdened with having to prove that you made a reasonable effort to serve your spouse the divorce papers and waited the correct amount of time for their response. If you can do this, the court can grant you a true default divorce which means the judge will likely side with the petitioner on the divorce terms. It is also critical to note that if the judge does grant your request for a default judgment, they will base the divorce decree on what is equitable under state law.
Don’t allow your spouse’s refusal to participate in your divorce to stop you from leaving an unhappy marriage. If you are seeking a divorce, contact a seasoned Bristol County contested divorce lawyer from The Law Offices of Cynthia L. Hanley, P.C. Our firm is prepared to help you understand how to pursue a divorce with a spouse that won’t cooperate.
