Thankfully, many divorcing couples are on
the same page about wanting to get a divorce. The fights or problems
communicating have been obvious to both parties for a while and the decision to
divorce was a long time coming. However, there are times when the parties
aren’t in such perfect agreement.
Sometimes one spouse wants the divorce
and the other spouse does not, other times one spouse is caught by surprise,
unaware that there were ever any issues. In these situations, the spouse who
does not want the divorce may stall or refuse to do anything to keep the
divorce moving toward a resolution. This can be extremely frustrating for the
person seeking the divorce because it means more time and money spent on the
process.
In all Ohio divorces, the first step
after filing the Complaint for Divorce is that the respondent must be formally
served with a copy of the Complaint. In many amicable divorces, the person who
files the Complaint (petitioner) can simply give their spouse (the respondent)
a copy, allowing them to sign an Acknowledgment of Service as an alternative to
being personally served with the divorce papers by a sheriff or private process
server.
If the respondent refuses to cooperate,
however, he or she will have to be personally served. If the respondent goes
out of their way to evade service, the petitioner will likely have to use a
private process server, who will request additional information about the respondent’s
schedule and whereabouts before tracking them down. This option is more
expensive than having the sheriff do the service, but has a better chance of
success.
If your spouse desperately does not want
the divorce they may refuse to attend mediation sessions or a settlement
conference. If that’s the case, the petitioner will have to request a final
hearing to obtain a Final Decree of Divorce. As long as the respondent is
properly notified of the hearing date, the court can grant the divorce, even if
the respondent chooses not to attend.
Unfortunately, an uncooperative spouse
can slow the process down, which will result in more time and money spent by
everyone involved. Though the process may be grueling, the good news is that
your spouse will not be able to prevent a divorce from happening.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
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