What if my spouse refuses to participate?

Modified on 26 Sep 2016 at 2:50 pm

If your spouse refuses to voluntarily sign the initial waiver of service or answer to voluntarily appear in the case, you will need to serve your spouse. Usually, that requires a process server to personally serve your spouse with a citation or summons, as well as the petition. Once your spouse is served, he or she will have about thirty days to answer. If your spouse does not answer the lawsuit or otherwise formally appear in the case by filing something, you may be able to pursue a default judgment. The court will likely want to make sure that your spouse actually received notice to protect your spouse’s due process rights. If the court is satisfied that your spouse has notice of the suit, the court may grant a default judgment giving you the divorce outlined in the petition. Your LegalVorce package does not have the paperwork for default judgments.