What happens if your spouse does not respond to divorce papers?

What happens if your spouse does not respond to divorce papers?

On Behalf of | May 22, 2023 | divorce

Divorce is complex and the hurdles you may face only grow higher when your spouse is uncooperative. In an amicable, agreeable divorce, both spouses may talk things through and discuss the separation of property with few bumps besides paperwork. In a hotly contested divorce, both you and your spouse may fight tooth and nail for everything you built together.

What happens if your spouse is a no-show though? What happens when you do everything right and they ignore divorce papers in Pennslyvania?

No default in Pennsylvania

Pennsylvania’s statutes do not allow for a court to declare a divorce legal by default if your spouse does not respond. There are procedures in place that allow you to file a complaint to the courts and many windows of opportunity for your spouse to respond. One major requirement for a single-person divorce filing includes living apart for one year before proceedings may continue.

Four grounds for at-fault divorce

Eventually, you may appeal to Pennsylvania courts to enter a final divorce decree. However, your situation may merit an at-fault divorce if your spouse committed any one of these four acts:

  • Desertion
  • Adultery
  • Bigamy
  • Endangerment

Other qualify acts include making your life intolerable or receiving a sentence of prison time for two or more years.

Divorce gets messy, especially without cooperation from your spouse. When they give you the cold shoulder, you have a lot of timelines to account for. It is important to lean on your resources to reduce the risk of a missed deadline or improperly filed paperwork while seeking a divorce.