The process of getting a divorce is already stressful, and a spouse who refuses to sign the divorce papers only makes it more complicated and uncertain. Even an amicable divorce is financially draining and emotionally difficult. If your spouse won’t cooperate with the process of filing for divorce, it is important that you work with an Oklahoma City divorce attorney to determine if you can request a default divorce.
You are not out of options if your spouse refuses to get a divorce. If one party wishes to get a divorce, this is sufficient to have that divorce be granted in most cases. Default divorces have some benefits, but they require you to follow a specific process. It’s important to follow this process properly.
First Steps If Your Spouse Won’t Sign
Ideally, you shouldn’t jump to requesting a default divorce. First, you should talk with your spouse if possible. Your spouse may have legitimate concerns that are preventing them from signing, such as financial worries or fears about custody. They may falsely believe that not signing will keep you together. Sometimes, talking with your spouse will resolve the issue, and you can go through a simpler divorce process, negotiating the issues they are concerned about.
This may not be an option in your relationship, however. Your spouse may be avoiding you, overly argumentative, or even dangerous to you. Talking with them or attempting an out-of-court divorce may not be an option. Always focus on your own well-being. Even if you are unable to determine the reason for their refusal, you can still go through with the divorce.
Basic Steps in the Divorce Process
You can file for a divorce on fault-based grounds or on the no-fault grounds of incompatibility. Spouses can file together for an uncontested divorce, but if your spouse refuses to do this, you will need to file for a contested divorce. When getting a contested divorce, you are required to serve the divorce papers and summons for the divorce hearing to your spouse, typically through a third party.
If you are unable to serve your spouse the papers, you can request alternate service from the court. It may grant you the ability to serve the papers through publication if you have made reasonable efforts to serve them to your spouse. Your attorney can help you determine if service through publication is a good alternative in your situation.
Once served, a spouse has 20 days to file their response. In their response, they include their own wishes for the aspects of the divorce, counter to or in agreement with the requests you made in your petition. If they fail to file this response, you can request a default divorce hearing.
In Oklahoma, a spouse cannot prevent a divorce from happening by refusing to sign or be served the divorce papers. If a spouse does not respond in the appropriate period of time, they may relinquish their right to have any say in the court’s decisions regarding property division, spousal support, child custody, and child support.
Getting a Default Divorce in Oklahoma City
The court will schedule a default hearing, and a summons must be provided to your spouse again. This is the final chance for a respondent spouse to have a say in the divorce. If they do not appear for the default hearing, the judge will enter a default judgment, likely giving you whatever you asked for in your initial petition. However, a spouse can still file to vacate this default judgment for a period of time after it has been made.
If your spouse shows up to the hearing, it will likely result in the continuation of a standard divorce process. The court will likely not grant a default divorce.
FAQs
Q: Can You Divorce Without the Other Person Signing in Oklahoma?
A: Yes, you can divorce without the other person signing in Oklahoma. If your spouse refuses to sign the papers and you have not already begun the process of a contested divorce, you should file to litigate the divorce. If a spouse does not respond to these summons and papers in the set period of time, you can request that the court schedule a hearing for a default divorce. If your spouse refuses to appear or cooperate, the court may grant you whatever you requested for the divorce.
Q: Can You Refuse a Divorce in Oklahoma?
A: No, you cannot refuse a divorce in Oklahoma. If one spouse wants to get a divorce and the other does not, this is considered a contested divorce, and it can show that there is incompatibility between spouses. If you refuse to sign the divorce papers or fail to respond to the summons, this does not stop the divorce from occurring. Instead, your spouse could file for a default divorce, enabling them to get everything they requested in their initial divorce petition, with no input from you.
Q: How Long Does My Spouse Have to Respond to the Divorce Papers in Oklahoma?
A: A spouse must respond to divorce papers within 20 days of being served in Oklahoma. If a spouse does not file their response in that time period, the petitioning spouse can request a default divorce. If the respondent spouse does not appear at the default hearing, the court may grant the default divorce. Usually, the court requires that divorce summons be served by hand. If the petitioning spouse has made a reasonable effort to do this, the court may allow serving through publication.
Q: Do You Have to Go to Court for an Uncontested Divorce in Oklahoma?
A: You may have to go to court to finalize an uncontested divorce in Oklahoma, although you are typically only required to appear one time. This is very different from a litigated and contested divorce, where couples may have multiple court dates. In Oklahoma, a waiver of appearance can also be used so that only the petitioning spouse must appear in court. Not all couples qualify for this waiver, and the waiver must be notarized. An attorney can help you with this process.
Contact Stange Law Firm in Oklahoma City
Dealing with a spouse who is avoiding signing or responding to a divorce is a frustrating situation. Working with an attorney helps you navigate this situation successfully. Contact Stange Law Firm today.
