Getting a divorce in Clark County, Ohio, can be an overwhelming process, no matter the specific situation or whether or not the divorce is a mutual decision. One common issue you may run into is if your spouse is ignoring the divorce papers and is refusing to work with you, which can hold up the divorce process.
Are you having issues getting your spouse to sign your divorce petition? Check out this article, where we will discuss what happens if a divorce petition is ignored and the process that you can follow to find a solution.
What Happens if Divorce Papers Are Ignored?
You may be wondering what happens if a spouse ignores divorce papers as a way of trying to delay the divorce process. Some people may do this if they do not want a divorce or if they are trying to get back at their spouse. The reality is that this is never an effective way of preventing or delaying a divorce, as Ohio has a process that it uses to address this type of problem.
In Clark County, Ohio, the other spouse has 42 days to respond to a divorce complaint, so it is a two-way conversation. If they fail to respond within this designated timeframe, the judge can grant an uncontested divorce automatically. This allows the judge to award the divorce as it is according to how it was originally filed without taking the other spouse’s situation into consideration since they didn’t respond to the original complaint.
When you are granted an uncontested divorce, this means that you win by default since your spouse failed to follow the correct divorce process. Keep in mind that the judge can make some changes to the divorce complaint when they grant the divorce, depending on the situation. The judge may decide to do this for the sake of fairness depending on the details of the original complaint.
What is an Uncontested Divorce?
Now that you know what happens if your spouse ignores divorce papers, you may be wondering what an uncontested divorce is in the state of Ohio. One misconception that many people have is confusing an uncontested divorce with a dissolution. However, these are two very different processes since dissolution is when both parties agree to end the marriage and have a say in how this process works.
Dissolution is generally considered to be a more manageable and less taxing process that gives both parties equal amounts of control over the outcome. Both spouses will usually come to an agreement on their own and present their agreement to the court, and the court will usually follow the terms of the agreement when dissolving the marriage. This is very different from an uncontested divorce, which gives the party filing complete control over the outcome.
If your husband ignores the divorce papers, he will not be represented in the divorce unless the judge decides to modify the agreement depending on the situation. If your spouse is ignoring your divorce papers, this won’t actually have a great negative impact on you. Although it may delay the process and make it a bit more stressful initially, it can actually result in you getting the outcome that you want.
Contested Vs. Uncontested Divorce in Clark County, Ohio
If your spouse is ignoring your divorce papers, it can be helpful to have a more thorough understanding of what a contested divorce versus an uncontested divorce is in Clark County. In general, uncontested divorces are more common as a contested divorce is when both parties cannot come to an agreement on their own. In a contested divorce, the couple will usually have to go to court where a judge will decide on the terms of the divorce.
The process of a contested versus uncontested divorce is quite similar since you’ll have to go to court in both cases to have the judge decide on a settlement. The main difference is that in an uncontested divorce, the other party is not represented since they did not respond to the divorce petition. This is different from a contested divorce, where your spouse will show up in court and provide their own side of the story.
Why You Need Legal Representation in an Ohio Divorce
If your spouse is ignoring the divorce papers or is refusing to sign them outright, you may not know what to do next. Although your spouse does not have to agree to the divorce or show up in court, this can still complicate the situation and drag it out longer than it needs to. The best thing you can do to ensure a smooth process for your divorce case is to hire an Ohio divorce attorney.
A divorce attorney will help you navigate the divorce process, addressing any issues that come up, such as having your spouse ignore the divorce petition. They can instruct you on what to do next and can even help you with filing and including documents so that everything is done correctly and thoroughly. When you go to court, your attorney will also act as your representative, ensuring that your side of the story is heard and you have the best chance at receiving a favorable outcome.
Hiring a divorce attorney experienced in Ohio divorce laws is essential no matter what your specific situation is. You should take this step whether you are having a fault or no fault divorce, having a dissolution, or getting a contested or uncontested divorce. Having an attorney on your side ensures your rights are upheld and the divorce process is completed as quickly as possible.
Contact a Divorce Attorney in Clark County, Ohio
Have you decided that it is time to file for divorce in Clark County, but your spouse isn’t signing the divorce papers? Richard P. Arthur, Attorney at Law, can help you navigate this complex process and find a solution that is the best fit for your situation. Richard P. Arthur has extensive experience handling Ohio divorce cases and can help you navigate any difficulties throughout the divorce process. Contact us today at 937-254-3738 for a consultation.