Divorce is never a simple process. Learn how to manage the situation if your partner refuses to engage or cannot be located.
What you will discover:
Can you separate without informing your spouse?
Can I separate my partner if I have no idea where they are?
What occurs if my partner refuses to sign the divorce papers?
What can I do if my partner refuses to serve?
Divorce is distressing and draining, particularly if one of the spouses disputes the divorce, avoids delivery of process, or cannot be found at all. One-sided divorces are sometimes looked upon by judges, so having your partner served, whether they are in another country, in jail, or purposefully missing from the divorce process, may be critical to completing your divorce. When it comes to separating a missing or reluctant partner, this piece addresses your choices, rights, and duties.
Table of Contents
Can you separate without informing your spouse?
In general, no. Although, if informing your soon-to-be ex-spouse is impossible, the judge may make an exception.
Generally, serving of process on your partner is necessary. That is simply the formal way of stating that after filing divorce papers in court, you must provide duplicates of the submitted legal documents to your partner. This is frequently done in person. Fortunately, you are not required to do the delivery. There are numerous businesses that can handle this for you, and the local county police may also be a choice. Following delivery, the individual who brought the papers fills out an Affidavit of delivery, also known as an evidence of service, which you then submit with the court.
For the union to be formally terminated, your partner must be served with divorce papers. Many divorce plaintiffs employ process servers to serve the divorce suit, writ, or whatever formal papers their state needs on the partner. In addition, a partner or their attorney may freely file an Acceptance of Service or Waiver of Service to recognize receipt of divorce documents, which can save time, money, and problems.
If your partner is incarcerated, it may be more difficult to serve them with copies of the divorce documents. The imprisoned partner may be able to file a Waiver of Service, which would prevent them from being served with the original court documents. If the imprisoned partner does not file a Waiver of Service, the original divorce documents must often be served on them directly.
In most jails, there is a particular process in place for feeding prisoners. It is unlikely that simply sending the divorce documents to the prison will serve. The county in which the imprisoned partner lives may have provisions in place for the constable or officer to serve the spouse. To properly serve an imprisoned partner, you may need to decide whether the fundamental divorce papers are sufficient or if extra forms are required. For example, as evidence that your partner is imprisoned, you may need to acquire records of court papers from your spouse’s illegal case.
If you have a domestic abuse problem with your partner, you must still submit the divorce documents. However, before applying for divorce, you can petition the judge for a protection order. When a court issues an interim protection order, it becomes effective instantly. The protection order is usually issued by a bailiff, so you will need to call local law enforcement to make that happen. In this case, the bailiff may finish serving of process on your partner for the divorce documents as well as the protection order.
Can I separate my partner if I have no idea where they are?
You may be able to separate your partner even if you do not know where they are. Each state has a publishing service legislation. This can be used to serve your partner when they are evading service, concealing, or at an unclear location. However, the court demands that other measures be done before granting approval to use this transportation technique.
If you are unable to locate your partner, you may petition the court for approval to serve by publishing. You must include information about your efforts to find and serve your missing partner in the petition. These information may include your spouse’s relatives, acquaintances, and jobs. Attaching evidence of human service efforts is a good idea, as is recording internet search results, where you last saw your partner, and your spouse’s last known location. It will be your responsibility to demonstrate to the judge that your partner could not be served in person.
There may be extra criteria if your partner resides in a foreign nation.
What occurs if my partner refuses to sign the divorce papers?
After being issued with divorce documents, a partner has a limited time to submit an answer. You can still separate if your partner skips the divorce documents or fails to reply. A spouse’s right to engage in the divorce process may be forfeited if they neglect to reply to a divorce suit. You may need to inform the judge if they have replied but decline to join. A court may be able to force their involvement or conclude the case without their presence.
While an obstinate partner can prolong and complicate the divorce process, a unilateral divorce may be a possibility. If you correctly provided your partner with divorce documents but they declined to join, some states’ courts may award a default ruling divorce. In these places, a divorce can be completed after a certain number of days if your partner does not dispute the divorce.
What can I do if my partner refuses to serve?
If you are having difficulty servicing your partner, you may be able to progress the divorce procedure by taking additional measures. In some states, you may be able to send the divorce documents to your spouse’s postal location via first-class mail or certified letter, both of which enable you to seek a return notice.
You may also be able to get assistance from someone in the judicial system in the county where you submitted your divorce suit. In many instances, the documents can be served on your partner by the constable or local law enforcement. If the partner manages to elude the constable, you may want to consider employing a private process server to serve the documents. Professional process servers are frequently private detectives with the means to track down a fleeing partner. If you are still unable to find your partner, the judge may award serve by publishing.
