It is quite common for those preparing to divorce in North Carolina to disagree on what should happen next. Spouses often have different opinions about property division terms or incongruent expectations regarding the allocation of parental rights and responsibilities.
Occasionally, the spouses don’t even agree on the need to divorce. One spouse may want to end the marriage, while the other may want to try to work on the relationship. People contemplating a divorce filing often worry that their spouses may refuse to divorce.
Can one spouse stonewall the other by refusing to respond and potentially prevent their divorce from moving forward?
Only one spouse has to want a divorce
Marriage requires the clear consent of both spouses. If either spouse eventually withdraws their consent, they can divorce even if the other spouse wishes to remain married.
Someone who is unhappy about a divorce filing may choose not to respond after their spouse serves them with divorce paperwork; however, the failure to respond does not prevent the divorce from progressing. The spouse who initially filed can ask the court to move the process forward based on default (meaning, failure to respond) after 30 days. In other words, the failure to respond does not prevent the divorce from occurring. However, failing to respond may put the nonresponsive spouse at a disadvantage. If they wish to pursue claims for property division or alimony, they lose the right to bring those claims once the divorce is final. For this reason, it is critical to consult with a divorce lawyer if you receive a complaint for divorce to ensure claims are preserved.
On the flip side, fear of a spouse’s refusal to participate should not deter an individual in an unhappy marriage from seeking to change their circumstances. A spouse cannot force their partner to remain in a marriage if that partner has decided to leave. They can create roadblocks during negotiations, but eventually, a judge will settle any remaining disputes.
Filing for divorce is a difficult decision, but it is one that any individual has the right to make. Those who learn more about divorce statutes in North Carolina may become more confident about their decision to file and their ability to complete the process, regardless of how their spouse responds (or doesn’t).