Some divorces are easy, but many are complicated. When a spouse refuses to participate in the divorce, they can cause problems. However, you don't have to stay married to anyone, even if they are being difficult. To learn about how to cope with an uncooperative spouse during divorce, read on.
Do Things the Right Way from the Beginning
Speak to divorce lawyer and get things off to a good start by filing for divorce. Let your lawyer know that your spouse is refusing to accept the divorce so that certain precautions can be taken to ensure everything is legal. When a spouse is uncooperative, you need proof of service. That means you must use a professional to deliver the divorce papers to your spouse. It's important to show that you attempted to let your spouse know about the divorce regardless of their stance. Once they are served, it doesn't matter whether they read the papers, set them on fire, or anything else.
Wait the Appropriate Time Period
States vary on how long you must wait for your spouse to respond to the divorce petition. The petition is loaded with important provisions about child custody, visitation, debt, and property. If your spouse fails to respond within a certain length of time, you are likely to be granted the full petition according to your wishes.
Get Some Orders in Place
Talk to your divorce lawyer about protecting yourself from your spouse. It stands to reason that if they are refusing to abide by the divorce, they then may refuse to abide by child support or spousal support provisions, not to mention property assignments like the family home. Restraining orders can be issued based on the provisions in the marital settlement agreement. For instance, the judge can issue an order preventing your spouse from living in the home or using the family vehicle.
Just because the uncooperative spouse refuses to go along with the divorce doesn't mean you must be inconvenienced. If they want to protest the provisions, they need to get their own lawyer and fight them. You can also ask the judge to order the spouse to get life insurance that will cover you and your children. Finally, a QDRO (qualified domestic relations order) will allow you to remove part of many retirement plans since some of them, like a 401(k), are considered marital property.
Contact a law firm like Hand Law, P.C. to learn more.