In most divorce cases, both partners are involved in the process. The person who files for divorce serves the paperwork to the other person, who then files their own response with the court. The couple can then agree on the terms of the divorce or, in the case of a contested divorce, go to court and have the judge make a ruling.
That being said, the court sometimes has the option to use a default divorce ruling. This just involves one spouse. What are some situations in which this would need to be used?
If the other person does not respond
In some situations, one person will file for divorce, and the other person will miss the response deadline. Maybe they refuse to respond or cooperate because they do not want to get divorced.
In a case like that, the court is not going to force the person who filed for divorce to stay in the marriage just because their spouse will not cooperate. Once the deadline has been missed, the court can issue a default divorce ruling, and the person who filed for divorce is likely to get the general terms that they have requested.
There are also some cases where a spouse simply cannot be found. They may have abandoned the family and moved overseas or to another state. The couple is estranged, and the person who is filing for divorce has no way to even contact their spouse and tell them about the legal process. They may still be required to publish their declaration of divorce and take other steps, but if their spouse cannot be located, the court can still move forward with a default divorce ruling.
Your legal options
This helps to show that you always have legal options to get divorced, even if your spouse is less than cooperative. Be sure you know what steps to take at this time.