People are sometimes worried when they want to get a divorce and their spouse will not cooperate. They view divorce as a collaborative event that takes two people. If their spouse refuses to sign the divorce papers, for instance, someone may believe that they cannot initiate the divorce process. They think they have to wait until they can convince their spouse to cooperate and end the marriage.
But this is largely a misconception. Your spouse does have a right to be involved in the divorce proceedings, but that does not mean that they are necessary.
If they will not communicate with you, you cannot locate them or they flat out refuse to sign the paperwork, the court can still issue a default divorce. You still have options to end your marriage, with or without your spouse’s input. Do not make the mistake of assuming that you cannot take this critical step until they agree to do so.
How long do they have to respond?
That said, you cannot just initiate divorce proceedings and then move through property division and split up child custody rights without working with your spouse at all. They do deserve a chance to be involved, and that starts with you serving them the divorce petition. They have a set amount of time to respond, and only if they fail to do so will the court consider a default divorce.
In most cases, under Indiana law, they have 20 days to respond to the petition. You will then be given another 14 days if you would like to reply to that response.
So, even if you know that your spouse is never going to respond to the divorce papers, you still have to give them approximately three weeks before you can begin to move forward with the divorce on your own.
Navigating a complicated divorce
If you find yourself in this position, it is safe to say that your divorce may be more complex and potentially contentious. That is why it is so important for you to understand all of your legal rights and options.
