There are many different reasons why your spouse might refuse to participate in a divorce. No matter what those reasons might be, however, everyone has the right to separate from their spouse if they are no longer comfortable with their relationship. With an experienced divorce lawyer by your side, you can get through this complicated legal situation as quickly as possible and move on with your life.
1) Filing a Divorce Petition
After you have contacted your divorce lawyer, you will most likely be asked to fill out and file a Petition for Dissolution or Petition for Divorce. During an amicable divorce, both parties will sit down and go over all of their mutual and private property. Unfortunately, these proceedings are much more complicated when one party will not participate. Your petition will need to include information such as why you are seeking out a dissolution and what property must be taken into consideration.
2) Serving a Spouse
Having a spouse served is a very unpleasant part of this process for many people. Without a divorce attorney and legal processor, you must personally serve your spouse the paperwork. Working with a legal team will allow you to avoid uncomfortable situations such as finding out where your spouse is at any given time. Once they have been served, they will only have around 30 days to respond. If they are purposefully avoiding you or the processor, then you can request an extension with the judge.
3) Final Paperwork
Once your spouse has been served, the next step depends entirely on their response. In most cases, they have to fill out their own legal documents within a month. When a spouse refuses to file a response, their partner must submit the final paperwork to the judge within 60 days. This paperwork includes quite a bit of information such as how you believe the assets should be divided. You will also need to produce additional information on why you would like a divorce.
4) Processing and Default Judgment
Your divorce lawyer can walk you through the last few steps of this process so that you can be sure the assets are transferred quickly and with no mistakes. Your judge might ask you to meet with them multiple times so that you can clear up information or swear that the information you have provided already is correct. They then have up to six months to come up with a final ruling that becomes legally binding as soon as they sign it. As long as all of the paperwork was filled out and filed correctly, you might receive the final ruling in as little as a few weeks.
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