It doesn’t matter who files for divorce, the fact remains that the chances the other spouse contests the divorce by refusing to answer the divorce summons and to make the proceeding even more frustrating, are not low.
What Happens When Spouse Refuses to Reply to a Divorce Petition
After being served by a divorce petition, the receiving spouse is given a total of 30 days in which they can respond to the petition. However, it is important to keep in mind that the individual is not legally entitled to send a response at all.
But if they do refuse the petition, the court is going to automatically assume that the spouse is uninterested in the divorce process, and things will proceed as planned.
In addition, upon a refusal to respond to the petition, the filing spouse is also entitled to file a motion for default judgment. This is where the petitioner can be granted a quick divorce, and any relief asked for therein without any interruptions.
It is Unwise to Neglect Responding to a Divorce Petition
This is especially true when it comes to equitable distribution of marital assets and custody cases. If you are unserious or nonchalant about the divorce process, it is possible that you may not be able to have a say in these important factors.