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What happens if your spouse ignores your divorce petition?

On Behalf of | Aug 11, 2022 | Divorce in Texas

When you file for divorce, you need to inform your spouse. You can serve them the paperwork so that they have a chance to respond. Many spouses are well aware that the process is happening at the time, so it’s not a surprise, but you can also do this if you’ve decided to file for divorce before informing your spouse.

Either way, you may be worried that your spouse is not going to cooperate. Maybe they’ve always been confrontational and they have struggled to get along with you, and that’s why you’re getting the divorce. You also know that they don’t want to get end the marriage. So you’re worried that they may decide to just ignore your divorce filing and act as if nothing is happening. If they do, what happens?

They start missing deadlines

They cannot stop you from asking for a divorce by ignoring it. All they really do in this situation is that they begin to miss deadlines. At a certain point, they have been given enough time to respond to the divorce petition, and the court can move forward without them.

If this occurs, then the court has the option to enter a default divorce. This essentially means that the divorce is not being contested because your spouse is not in court to contest it in the first place. As such, most of what you ask for in the divorce in terms of child custody rights or property division will be granted.

At the end of the day, all your spouse accomplishes by ignoring the divorce is making the outcome worse for themselves. Make sure you know what legal steps you need to take to keep things on track.