When one spouse chooses to get a divorce, the other does not always necessarily
agree and, in some cases, he or she might even deny signing the papers
in an attempt to stop the process. However, although your spouse can certainly
make getting a divorce difficult, he or she cannot prevent it. It might
take you a little more time and require more effort from your attorney,
but your spouse cannot stop you from getting a divorce.
Here is what you need to know about the divorce process when a spouse is
- If you do not know where your spouse is and cannot seem to track him or
her down, then obviously, the divorce papers cannot be signed. If this
is the case for you, you should request the court to publish the Summons
regarding the impending divorce action. The publication should appear
in any newspaper in circulation must be published every week for at least
a month. If you do not receive a response, the court will issue a Default.
By entering a default divorce, it is assumed your spouse does not object
to the divorce since he or she did not respond.
- If you know where your spouse is and he or she simply will not sign the
divorce papers, the process will go a little differently. You will need
to serve your spouse with a Complaint for divorce, after which he or she
will have 21 calendar days to respond. In the event that your spouse responds
to the complaint, your divorce will become a contested divorce. If your
spouse does not answer, you would be able to enter into a default proceeding.
As mentioned above, a default divorce means your spouse will not get a
say on the terms of your divorce and, therefore, the judge on your case
will rule in your favor.
Ultimately, yes, the process will require a little more time and a few
more steps, but your spouse cannot force you to remain married if that
is not your wish. It takes two people for a marriage to work and, as soon
as someone wants out, there is no stopping it.
Hire a Skilled Divorce Attorney from the Law Office of Kathryn Marteeny Today!
If you and your spouse cannot continue to make your marriage work, you
should consider hiring a skilled divorce attorney to assist you in the
process of dissolving your marriage as smoothly as possible. At the Law
Office of Kathryn Marteeny, our
divorce team is committed to helping clients navigate this emotional and complex
experience, so they can start the next chapter of their lives on a clean
slate. With over three decades of experience on our side, you know you
can trust our ability to provide sound legal advice and protect your interests.
Contact our law office today at (713) 936-2300 to request a confidential case
review with one of our compassionate and knowledgeable attorneys to learn
more about what we can do for you.