What Happens if My Spouse Refuses to Participate in the Divorce?
Divorce is a challenging legal pursuit in the best of times, but if your spouse is refusing to participate, it can make an already difficult experience more so. Ultimately, your spouse cannot stop your divorce from going through, but they can make things more stressful for you. Turn to our experienced Marlton divorce attorneys at Weinberg, Kaplan, & Smith, P.A., for the skilled legal guidance you need.
Your Divorce Complaint and Summons
If you have filed a divorce Complaint, your spouse will need to be officially served with the filed Complaint and a Summons. They then have 35 days to file their response. If they fail to respond, you have the option to default your spouse. Thereafter, the court has the authority to decide regarding the resolution of your divorce without your spouse’s input.
The Terms of Your Divorce
Your divorce will be unique to your family, but the general issues that need to be resolved are consistent with most cases, as applicable to your circumstances. These include but are not limited to:
- The equitable division of marital property
- Legal and physical custody of the children
- Child support
- Spousal support
Failure to Respond Will Not Postpone the Divorce
Some litigants are under the mistaken belief that simply refusing to respond to a divorce filing means that it cannot or will not proceed. As set forth above, this is not the case and the divorce can proceed without their participation.
Dodging Service
If you cannot locate your spouse for service for the filed Complaint for Divorce and Summons, you can ask the court for an alternate method.
Consult with One of Our Experienced Marlton Divorce Lawyers Today
Our seasoned Marlton, NJ, divorce attorneys at Weinberg, Kaplan, & Smith, have earned an impressive reputation for efficiently guiding even very challenging cases toward advantageous resolutions, and we are here for you. Learn more by contacting us online or calling us at 856-795-9400 today.