Sometimes, one person of a couple just doesn’t want to admit the marriage is over. Other times, they don’t want to lose control. Either way, it isn’t uncommon for one spouse to resist a divorce by refusing to participate.
What happens if your spouse refuses to sign papers, fill out interrogatories, attend meetings or respond to paperwork? While an uncooperative spouse can delay a divorce, they can’t stop it.
Indiana is a no-fault divorce state
Indiana is a no-fault divorce state. That means the spouse who files for divorce doesn’t have to prove (or admit) wrongdoing within the marriage to get a divorce. Instead, they may file for dissolution based on an irretrievable breakdown of the marriage. If you want a divorce, your spouse cannot prevent it simply by refusing to agree that the marriage is broken, either. That failure to see eye-to-eye on the issue would be indicative, in itself, of the disconnect between you.
It’s important to note that refusing to sign divorce papers is different from disagreeing about the terms of the divorce. A spouse may contest issues such as property division, child custody, parenting time, child support or spousal maintenance. When that happens, the goal is to resolve those disputes through negotiation, mediation or a judge’s decision, if necessary. By refusing to participate in the divorce process, your spouse may simply lose their ability to negotiate better divorce terms or present their case in court.
Proper notice still has to be served
After a petition for dissolution is filed, the other spouse must be properly served with the divorce papers for the case to move forward. If your spouse is hiding their address or otherwise disappeared to parts unknown to try to evade service, you cannot skip this step – but you can go about it in more than one way.
In all cases, you must first make a “diligent” search to try to find your spouse and serve notice. That may require showing proof that you have tried to serve your spouse at their last known address, contacted employers or prior employers, searched public records, contacted family members and friends, and taken other reasonable steps to comply with the notice requirements.
If those efforts are unsuccessful, the court may allow service by publication. At that point, you will be permitted to publish your divorce petition in a specific type of newspaper that holds legal notices. Once publication has been completed according to Indiana law, the court can hear your petition and grant the divorce via a default judgment.
Don’t let your spouse’s bluster or refusal to see reason stop you from reclaiming your life and moving on. An experienced family law attorney can help make certain your spouse is properly served, explain what to expect if the case is contested and help you sort fact from fiction. Understanding your rights and options can give you a certain measure of confidence as you proceed.
