In some cases, couples who are getting divorced are making a mutual decision. They both talked about how the relationship was not working and agreed to bring that relationship to an end. They may still need assistance as they sort out the details of child custody or property division, but they are at least on the same page about the divorce.
In other cases, however, they do not agree, and one spouse may not even want to get divorced at all. They may be tempted to ignore the divorce paperwork, refusing to sign the petition or submit appropriate answers to the court. If your spouse seems opposed to divorce, is this a tactic they could use to prevent you from starting the proceedings?
All they can do is delay the divorce
Yes, your spouse certainly could ignore the divorce petition. Even if you are the one who filed for divorce and started the case, you have to serve them with paperwork and give them time – typically, 20 days in Indiana – to submit their answer. If they do not want to be divorced, they may refuse to do so.
However, this does not mean a divorce is impossible. It just delays the process.
After the deadline, you can still move forward with a default divorce judgment. The court does not necessarily need both of you to cooperate in order to end the marriage. You can still submit the documentation yourself and ask for certain terms regarding custody or property division, and the court can agree to these, even if your spouse never communicates or attends any hearings.
This can complicate your divorce case, but it is important to understand that you still do have legal options. It can help to work with an experienced family law attorney at this time.