Divorce can naturally be a source of significant conflict between partners, often revolving around how they will address key issues. How will they divide custody of their children? How should they split their assets? Couples may have very different perspectives on these matters.
Some of this conflict may arise because one person wants a divorce while the other is adamantly opposed. In extreme situations, the person opposed to the divorce may decide to ignore the process entirely. They might refuse to sign the divorce petition, skip hearings or court dates, and believe that their lack of cooperation will prevent the divorce from happening.
You can still get a divorce
The truth is that you can still obtain a divorce, even if your spouse refuses to cooperate or ignores the petition. Under Virginia law, once you serve your spouse with the divorce papers, they have 21 days to respond. You are required to wait approximately three weeks to allow them to answer the petition, even if they have made it clear that they won’t.
If your spouse never responds, you can move forward with a default divorce through the court. In this process, the court can officially end your marriage, divide property and determine child custody—entirely without your spouse’s input. Their participation is not required to finalize the divorce.
Be prepared for complications
While it is possible to move forward without your spouse’s cooperation, this type of high-conflict divorce can be more complicated than one where both parties engage in the process. It’s crucial to understand your legal options and ensure you’re well-prepared for the challenges that may arise.