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Oftentimes, divorces are contentious. When one spouse will not agree to end the marriage, or is trying to avoid the divorce altogether, the process may take longer than anticipated. So, what do you do if your spouse does not want to get a divorce? Well, you can still obtain a divorce –your spouse cannot prevent you from divorcing them- but there may be some additional hurdles.
A spouse that will not cooperate may make the divorce process more difficult than it has to be, by refusing to engage in the negotiation process, avoiding service of the divorce paperwork by a constable, failing to respond to discovery requests, or further delaying the process by not showing up in Court. By doing so, your spouse may subject themselves to sanctions by the Court. How a judge will handle such a situation depends primarily on what state you live in- Some states will allow the divorce to proceed uncontested, disfavoring the non-responsive spouse, while other judges allow the spouse actively seeking the divorce to obtain a default divorce.