If you decide to file for divorce, you may realize that the process can become contentious. Perhaps you and your spouse aren’t on good terms, or maybe you know that they are going to oppose a divorce at all costs.
In the most extreme of situations, they may entirely refuse to cooperate. For instance, say that your spouse refuses to even respond to your Complaint for Divorce. You’ve served them the papers, and they just throw them away. Do you have to get them to cooperate so that you can proceed with the divorce process?
Divorce without participation
Although this may make your divorce a bit more complicated, the good news is that in the long run, you can obtain a divorce even if your spouse refuses to cooperate. They only have so long to respond to the divorce petition. If they exceed this time limit, then the court has the ability to move forward with setting the necessary hearings for you to obtain a divorce. The court can still rule in your favor, granting you the end of your marriage, even if your spouse never acknowledges that it’s happening or attends any of the court hearings.
However, the lack of cooperation can delay the divorce process. Under Virginia law, your spouse will typically have 21 days to respond. Even if they throw away the divorce petition immediately and you know that they are never going to answer, you still have to give them those 21 days. Only after that point can you move forward.
Even with this kind of divorce situation, you need to address matters such as child custody rights, if applicable, and property division.
Separation without participation
What can be more frustrating is when you are trying to separate from your spouse, and resolve the incidents of your marriage without resorting to court. If you do not have grounds to file for divorce (whether fault based or not fault based), your spouse may decline to engage in settlement efforts because she or he knows you cannot proceed in court without their cooperation. While this can be stressful in the short term, eventually you will reach the statutory time period for a no fault divorce, allowing you to proceed in court even if your spouse refuses to appear.
Make sure that you understand all of your legal rights and the steps you need to take at this time. That’s why having experienced legal guidance is important.
