Divorce has many challenges, both emotional and logistical. Ending a romantic relationship can entail complex feelings of anger, grief, fear, and loss. These emotions may be compounded by the stress of separating a shared household, assets, and, in some cases, children.
Some couples are committed to navigating the process amicably, but other divorces are highly contentious. For whatever reason, your spouse may put up roadblocks at every turn, even going so far as to refuse to sign divorce papers.
When faced with this frustrating situation, you have several options to get the ball rolling and move toward your divorce.
Work With a Mediator
Even if you and your spouse start out agreeing on divorce, the process of dividing assets, negotiating child custody, and separating one life into two can be stressful, causing negotiations to deteriorate. This is where professionals can help.
A mediator acts as a neutral third party. This professional encourages communication, guides respectful negotiations, and helps couples find common ground so that compromise may be possible. It’s wise to involve a lawyer who can help you strategize, protect your best interests, and prioritize goals.
Consider Couples Counseling
Many couples turn to counseling in the hopes of saving a marriage, not ending one. However, you may be committed to an amicable split, especially if you have shared children. Attending counseling sessions could be a way to come to an understanding with a spouse who is hurt, angry, or resentful about the divorce.
Truthfully, a spouse unwilling to participate in the divorce process might have equally sour feelings about the prospect of therapy. However, you may personally think it’s worth exploring every option before turning to the courts to end your marriage without your spouse’s participation.
Seek a Default Judgment
The divorce process starts with filing a petition with the Michigan courts. From there, you must inform your spouse of your intentions by serving divorce papers.
Once a person has been served, they have 21 days (for in-person, in-state service) to respond to the court (or 28 days for by-mail or out-of-state service). If you’re unable to locate a spouse to complete service, you may publish a notice in the newspaper, with the court’s permission.
If your spouse won’t cooperate with the divorce, by failing to respond or refusing to sign divorce papers, you may ask the court for a default judgment.
The court will schedule a default hearing to consider the relief specified in the divorce petition. If your spouse fails to appear and the court finds your request valid, you will be granted the judgment you seek.
Divorce Doesn’t Take Two to Tango
A divorce process that involves two partners who are willing to compromise is ideal, but it doesn’t work for every couple. If your spouse is unwilling to negotiate and refuses to sign divorce papers, you can still seek a default judgment and move forward with your life.
The right attorney will help you understand your options and choose a legal strategy that works for you.
Are you having trouble finalizing your Michigan divorce? Contact the experienced lawyers at Gucciardo Family Law now to discuss your case.
