To have your divorce process move quickly and efficiently, you already know that it takes the cooperation of two. In some cases, you may find that your spouse does not want to go through with the divorce and so they disappear in the middle of proceedings, which can make your case complicated and make you feel without options. However, despite the fact that your spouse does not want to show, this does not mean that there will not be a resolution.
What Your Spouse’s Attorney Will do
When your spouse’s attorney responds to your divorce petition, they are saying that they want to take your spouse’s case. However, he cannot represent your spouse’s best interests in the midst of divorce if they cannot be located. The attorney may be at a loss when they cannot find or consult with the other party, due to the fact that they are not allowed to agree to settlement without the spouse’s approval and will not be able to effectively handle the job. With court approval, the attorney may want to be taken off of the case, which could take several months.
A Halt in the Divorce Proceedings
Once the attorney is relieved of their duties to your spouse, the court will move forward. The court will send notices to your spouse, such as mandatory meetings like mediation. This in itself could take several months because, if your spouse doesn’t show, they may give them multiple chances to reschedule before they find that it isn’t going to happen. If you show up to all of the scheduled meetings but your spouse does not, it will be seen as an uncontested divorce. This means that he has done nothing to protect his rights, by choice. As a result, the court will usually have no choice but to approve your divorce and grant you what you requested in the divorce petition. If you have children and the spouse still hasn’t stepped forward, you will typically receive custody of the child.
It can be confusing when your spouse does not show up for the scheduled divorce proceedings. You may feel at a loss, but this is not the case in many situations. Call us today at The Law Offices of Amy M. Montes to find out how we can help you in the midst of your divorce.
