There are times when one or both parties wish to Divorce or Legally Separate but one spouse refuses to speak with the other. This situation may involve children or it may not.   However, the Divorce or Legal Separation can still be addressed and completed  in court.

The first step is to file for Divorce or Legal Separation and then file a Request for Order for temporary orders.  Once filed, the spouse will need to be served.  Since the spouse is uncooperative, he/she will need to be served by another adult (not a child of the marriage) or a process server.

Once served, the spouse can choose to respond or ignore the Request for Order.  If he/she responds, a hearing for temporary orders will be scheduled and, if both parties cannot agree on the issues, a judge will decide.  Temporary orders typically involve spousal support as well as child custody & child support (if there are children).  Use and possession of property  may also be involved.  If the respondent ignores the Request for Order by not responding and not making a court appearance, then the court will make a ruling without his/her presence.

Likewise, the respondent has a choice to respond or to ignore the Petition for Divorce or Legal Separation.  If the spouse responds when served, the issues are contested. In this case the parties will go to trial if they refuse to enter into an agreement  If the respondent ignores the Petition, then the petitioner can enter a ‘default‘ after the 30 day wait period and the judge will make a ruling on all issues without the presence or input of the respondent.

In essence, the fact that the spouse is uncooperative and may not speak to the other party, does not mean that the Divorce or Legal Separation cannot proceed in court.

If you have an uncooperative spouse and are unsure as to how to proceed, give Legal Action Workshop a call  @ 1-800-HELP-444 (1-800-435-7444) or visit our website for more information @ .  You will be amazed at our low flat fees!

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