Divorce is a difficult situation even for the most well-adjusted people who are going through it. However, divorce oftentimes is the choice of one of the parties to marriage, but not the preference of the second party. A divorce will be granted, regardless of whether or not one party wishes to proceed with one; however, a situation where someone doesn’t want to get divorced can make the process more challenging. Someone who does not want the divorce may refuse to cooperate and stall the proceedings by any means possible, and in those scenarios, it is important to have a divorce attorney who knows how to circumvent those actions and proceed to the finish line.
Situations Where a Spouse Refuses to Cooperate
Separated – But Not Legally Separated
One situation where a party may refuse to cooperate with a divorce case is in a situation where the parties are separated but not legally separated, and one party doesn’t want to take the next step to file for a divorce.
In this scenario, the person seeking a divorce can file a divorce case and elect to have the non-confrontational party served. Once that party is served, they have 30 days from the date of service to file an answer and appearance in the divorce case. Otherwise, the case may proceed without them. This ultimately may mean that they end up divorced by “default”, where a divorce is granted without their participation. If they are personally served, the court can even award property to the spouse who filed, to the detriment of the non-participating spouse. However, the divorce will be completed, whether or not they choose to participate, and if they don’t participate, they may also lose property or assets which they would have wanted. They are given the chance to participate and request what they want from the court, but choose to ignore the proceedings to their own detriment.
Doesn’t Want a Divorce
Another scenario ripe for non-cooperation between spouses includes when one party has filed, and the other party doesn’t want to go through with the divorce. Like the first scenario, the party may allow themselves to be served and then ignore the divorce process, or they may try to dodge being served altogether. In the latter case, it may be best to employ a special process server to complete the service. This is usually a detective or other private individual, such as a private investigator, who will work to have the person served. The sheriff is the “default” service provider in a divorce case, but if they knock on the door and no one answers, they will not stake out the house and wait for the person to arrive home to serve them.
Usually, if they don’t serve them, they will return the summons as not served. A private investigator or special process server, however, usually works on some hourly arrangement, and they will wait for someone outside their home or place of business or even their gym. The party requesting service can provide car make and model and license plate information, photographs of the person, a synopsis of their daily routine or schedule, and other information to effectuate service. This allows service upon an individual who otherwise would try not to be served, moving the process along more quickly.
Refuses to Cooperate with the Litigation Process
We also see a lack of cooperation in situations where the parties are already in the litigation process. The spouse trying to avoid a divorce may take actions to delay or stall the proceedings, including not complying with court orders, not completing discovery requests, refusing to comply with discovery, finishing discovery, making scheduling of court dates, depositions, mediations, and settlement conferences difficult, and more. There are mechanisms in place to allow for the court to enforce court orders and to force parties to complete discovery or mediation, including, but not limited to, imposing monetary sanctions, barring the party from producing evidence or testifying or calling witnesses at trial, or even incarceration, in some scenarios. The courts have the power to force the divorce to proceed, even if someone doesn’t want it. The most certain way to force the divorce to proceed is to set a trial date. If the party is not ready for trial by the scheduled trial date, or if there isn’t a full settlement, the attorneys must proceed to trial. It is truly amazing how many cases will be settled the evening before or the morning of a trial.
If you are facing a divorce with a spouse who refuses to cooperate, you have options. Speaking with an experienced divorce attorney is the best first step to assessing how to push the divorce forward.
