To start the divorce process, you typically serve the papers to your spouse. Once they receive the petition, they’re officially informed that you are suing them for divorce, and they have time to consider the documentation. After all, they may want to read through it, retain the services of a lawyer and take other important steps.
In North Carolina, people typically have 30 days to respond to a divorce petition. Your spouse may decide to respond immediately, especially if the two of you have already discussed getting a divorce and are on the same page. But they can take the full 30 days if they choose.
What if your spouse doesn’t want to get divorced and is trying to talk you out of it? They may decide not to respond at all. Then what happens?
Asking for a default divorce
You still have to wait the full 30 days, because they are entitled to that time to consider their options. Even if you don’t think they’re going to respond, you have to give them the chance to do so.
If they don’t respond, you can still schedule hearings with the court and move forward toward a default divorce judgment. In other words, the court will acknowledge that your spouse is not part of the process, so they won’t have as much of a say in things like child custody rights or asset division. But the court can still grant you the divorce, so you don’t have any obligation to stay married just because your spouse won’t respond to the paperwork or cooperate with the court.
This can make your divorce more complex than it would be otherwise. Having experienced legal guidance can help you.
