What happens if the other party does not want to divorce?

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What happens if the other party does not want to divorce?

I want to move on with my life but she is not interested in divorce. She wants to fix all the problems. In my eyes this would only be fixed for a short time the right back to the same.

Asked on July 16, 2018 under Family Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not need your spouse to agree to a divorce. Typically, the "petitioning" spouse (the one filing for divorce) can obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and the "respondent" (the non-filing spouse) has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the action (generally within 30-60 days). After that, they will be deemed to have "defaulted". Accordingly, the petitioner can then file the final paperwork and appear before the judge, who will make a  ruling solely on the petitioner's written/oral testimony. In most cases, a divorce is then granted on the terms requested.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not need your spouse to agree to a divorce. Typically, the "petitioning" spouse (the one filing for divorce) can obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and the "respondent" (the non-filing spouse) has been properly served, the petitioner is entitled to a divorce if the respondent fails to file an answer to the action (generally within 30-60 days). After that, they will be deemed to have "defaulted". Accordingly, the petitioner can then file the final paperwork and appear before the judge, who will make a  ruling solely on the petitioner's written/oral testimony. In most cases, a divorce is then granted on the terms requested.


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