Your spouse may refuse to divorce you. This doesn’t necessarily prevent
you from getting a divorce, but it can make it a far lengthier, more complicated
process. However, there are ways of proceeding with your divorce when
your spouse is unresponsive or unwilling to engage.
Default Divorce Proceedings
The first thing you should do after talking to an experienced Denver family
lawyer is file for divorce and follow the protocol for notifying your
spouse. After your spouse has been notified, they have one month (30 days)
to respond by completing the divorce papers or objecting to the terms
therein. You will typically enter into a default divorce proceeding if
your spouse does not respond, appear in court, or otherwise take legal
action to make their voice heard during divorce. When this happens, the
court presumes that your spouse consents to the terms outlined in the
divorce papers and a judge will have to rule in your favor in matters
of child custody, spousal support, property division, etc. These agreements
will be legally binding and your spouse will be required to give up assets,
make support payments, etc., despite not being present at the hearings
in which these terms are decided.
What to Do if Your Spouse Disappears
If your spouse has dropped off the grid, so to speak, and is nowhere to
be found, you can still get divorced by filing on the basis of abandonment.
This takes longer because you are required to wait 6 months and continue
looking for your spouse, but you will still be able to get a divorce if
you cannot find them.
Alternative Dispute Resolution
When your spouse refuses to grant you a divorce, there may be value to
pursuing alternative methods of dispute resolution, such as arbitration,
mediation, or collaborative divorce. These are typically much quicker,
more affordable options, even for couples who have much to hash out in
terms of spousal support, child custody, and other difficult points of
marital disentanglement. Proposing an out-of-court method may coax out
unwilling spouses and create a smoother path toward divorce for both of you.
Experienced Divorce Attorneys in Denver
If your spouse is protesting your divorce by evasion or other refusal to
engage, let us help. Our Denver divorce attorneys at
The Moodie Law Firm are here to help you end your marriage as quickly and smoothly as possible.
Call us at (303) 578-3940 or contact us to receive a free case evaluation.