The process of divorce is emotional and complex, even when couples agree. Contentious divorces are especially strenuous for spouses and families. It is even more frustrating when one spouse files for divorce and the other refuses to be served the papers or refuses to sign. If this has happened as you try to secure a divorce, you may be able to get a default divorce. A Kansas City divorce attorney can help you navigate this process while protecting your family’s interests.
There are many reasons why a spouse may refuse to respond to or acknowledge divorce papers. They may believe that they can avoid the divorce by avoiding the papers. Spouses may even avoid divorce papers with malicious intentions to lengthen the divorce process and make it more expensive. Their actions do not prevent the divorce, however, and can often result in a divorce that is more favorable toward the petitioning spouse.
First Steps if Your Spouse Will Not Address Divorce Papers
If it is safe and possible, you should first try talking to your spouse about their refusal to sign the papers. Divorce is understandably a stressful and significant change in life, and talking with your spouse about these fears may help you reach a resolution. In the ideal situation, this discussion can result in both parties getting on the same page and filing an uncontested divorce much more quickly and with input from both parties.
Unfortunately, this is not an option for all spouses. You may not get along with your spouse, be unable to contact them, or may even be in danger from them. Your spouse’s refusal to acknowledge the divorce does not prevent it from happening, it only means they may have no say in the outcome of the divorce.
Getting a Default Divorce
Once you file for a divorce, you must serve your spouse with the divorce papers and the summons to divorce court. Divorce papers cover your wishes for the divorce order, including property division and spousal maintenance. It also includes child custody and support if you have children. These papers can be served by a court officer, official, or private process server.
If your spouse avoids even being served the papers, and you have made a reasonable effort to serve them, the court may allow you to serve the papers via publication. This is a last-resort option and has certain limitations.
Once served, your spouse must respond to the divorce papers within 30 days. This response is meant to allow them to list their own wishes for the divorce order. If no response is filed within this time, you can request a default hearing for the divorce.
The Default Hearing
The court will set a date for the default hearing, and you must again serve your spouse the request for a default divorce, including the summons for the date and time of the hearing. The outcome of a divorce largely depends on whether the respondent spouse appears at the default hearing.
If your spouse does appear at the hearing, the court may not allow a default judgment. They may instead give additional time for your spouse to file their respondent petition. The divorce will then continue as a contested divorce typically would.
If your spouse does not appear at the feudal hearing, they may lose all say in the outcome of the divorce. The court will likely award a default judgment and grant you whatever you asked for in the initial petition, including property division, child custody, and support orders. Once the default decision is reached, the divorce is finalized shortly after.
It is possible for default judgment to be set aside even after it is finalized. If your spouse has good cause for failing to respond, such as reasons that were not intentional or reckless, then they can request for the default decision to be set aside within one year of the judgment being made. Understanding the potential drawback of a default divorce and how to navigate a spouse’s appeal is much easier with a skilled attorney.
FAQs
Q: Can a Spouse Refuse a Divorce in Missouri?
A: A spouse can refuse a divorce in Missouri, but it will not stop the divorce from happening. Instead, the divorce becomes contested. The no-fault grounds for divorce in Missouri is that a marriage is irretrievably broken. If one spouse wants a divorce and the other does not, this still can show that the marriage is irretrievably broken.
Some spouses wrongfully believe they can prevent their divorce by refusing to sign divorce papers, but this just makes the divorce take longer and cost more.
Q: Can You Stop a Divorce After Filing in Missouri?
A: If you are the spouse who has filed for divorce in Missouri, you can stop a divorce by requesting to dismiss the petition before your spouse has responded. If your spouse has already responded, however, you must both agree to dismiss the divorce process. If you are the spouse responding to a divorce petition, you cannot request to dismiss. If you refuse to respond, your spouse can continue with the divorce process and secure a default divorce without you.
Q: Does Missouri Require Separation Before Divorce?
A: Missouri does not require separation before divorce. There is a required waiting period of 30 days, but this does not state that parties are required to live separately. Separation of spouses may be relevant if one spouse is filing for separation and one spouse claims the marriage is not irretrievably broken while the other does. This period of time can be 12 or 24 months of separation, depending on whether it was by mutual agreement.
Q: How Long Does a Default Divorce Take in Missouri?
A: A default divorce will likely take at least two months before it can be finalized in Missouri. The petitioner can request a default once 30 days have passed without the other spouse filing a response. If no response is filed, a default divorce hearing can be requested. The spouse who did not respond has time to appear at this hearing. If the hearing happens and they do not appear, the judge will enter a judgment that will be finalized 30 days after it is entered.
Contact Stange Law Firm
If your spouse is refusing to cooperate with the divorce process, contact Stange Law Firm for support from experienced divorce attorneys.
