Divorce can be one of the most exhausting legal processes to have to work through. Not only does filing for divorce alter your entire family dynamic, it can also lead to time and money spent in court. However, if your spouse refuses to sign the divorce paperwork, the process can become even more stressful. How the judge addresses the situation depends on the state you live in. While some states will allow the divorce to move along as uncontested, other judges may allow the spouse that is asking for the divorce to obtain a default divorce.

Pursuing an Uncontested Divorce

Uncontested divorces are typically the simplest type of divorce to work through, because they don't involve litigation, and involve both parties filing the necessary paperwork and agreeing on all of the related issues. Such decisions may include who will get custody of the children, the amount of spousal support that will be paid, and how property and assets will be divided. If you are divorcing your spouse and they filed an uncontested divorce but won't sign the final papers, some judges will allow the process to go on as if it is uncontested.

Requesting to Enter a Default

If you serve your spouse in the proper manner but they don't file their written response within 30 days, some states will allow you to file a request to enter a default. This also can occur if a spouse cannot be located to be served with the divorce papers. You can request to enter a default along with a proposed judgment, and if your spouse does not respond or appear at court, they will give up their right to have a say in the divorce and judgment.

If you have filed for divorce but your spouse refuses to cooperate, it may benefit you to contact a lawyer to see what options are available to you. Get the legal representation you deserve by contacting a divorce attorney today.