Divorce can be a complicated process, and navigating it can be challenging. It is possible to obtain a divorce without both parties signing the divorce papers, but this approach may involve more complexity and take longer to finalize. Such situations often occur when one spouse is uncooperative or when the other cannot locate them.
No-fault divorce
The state allows for no-fault divorce, meaning you can file for divorce without proving wrongdoing by your spouse. To do so, you must declare that the marriage has been broken for at least six months. This makes it easier to divorce even if the other spouse disagrees.
Serving divorce papers
If your spouse refuses to sign you must still serve them with the documents. Proper service of the papers is a legal requirement. You must notify your spouse of the divorce proceedings and prove it. If you cannot locate your spouse, the court may allow you to serve the papers through alternate methods, such as publishing a notice in a newspaper.
Default judgment
If your spouse does not respond to the divorce papers within the required time frame (usually 20 to 30 days), you can request a default judgment from the court. This means the court may grant the divorce without your spouse’s participation. The court will review the case and make decisions regarding property division, child custody, and other matters as needed.
Moving forward
Going through a divorce is emotional and stressful, but it’s critical to pay careful attention to legal procedures to avoid delays during the process Understanding these steps can help you navigate the process more smoothly.