My Spouse Doesn’t Want a Divorce – What Are My Options?

Many divorces occur because both spouses agree that the marriage is irreparable, but most of them end up in a long fight over assets, custody or other arrangements. You may have heard of some cases when a spouse filed for divorce and their partner simply refused to accept. You may be wondering: what happens?

Getting a Divorce in Missouri

Getting divorced in Missouri is that it is a no-fault divorce state. That means that the court does not require you to present the cause of the dissolution of marriage. If you are unhappy and you want to get a divorce, you simply testify that your relationship is irreparable and the dissolution process will begin.

The second thing you need to know is that being in a no-fault state doesn’t mean that your divorce will be granted immediately. You still have to come to a settlement with your spouse, which will be definitive once the court proclaims it. If you and your spouse disagree about the conditions of the divorce, you may be looking at a long battle for your common assets and for your minor children, if you have any. An experienced St. Louis divorce attorney can help you prepare for the long process.

What If My Spouse Does Not Answer My Petition to Divorce?

You might think that your spouse is capable of postponing your divorce indefinitely just by refusing to acknowledge the divorce papers, but this is not the case in Missouri. According to the state law, your spouse has 30 days to respond to the divorce papers, since the moment they get served.

If you still don’t get an answer, your next step is generally to file for a “default and inquiry,” which would give your spouse the last chance to respond to your petition. If they don’t show up for this hearing, you may be entitled to receive everything you asked for in your initial petition (and not added afterward.)

What Next?

If you have any questions about the dissolution of marriage in such a case, please contact an experienced St. Louis divorce attorney who can navigate the intricacies of the divorce law and present you the best way to proceed further. It is important to note that each case is unique and should be discussed with an experienced attorney before taking action.