When you make the tough decision to end your marriage there are many steps you will have to take to make it to the final divorce decree. The first thing you must do is file a petition for divorce with your local court and inform your spouse by serving them with divorce papers. They will only have a few weeks to file their response to your request. If the other spouse doesn’t respond to the divorce papers it can lead to negative consequences for them. Contact a Farmington Hills divorce lawyer to speak with an experienced attorney and obtain skilled representation during your divorce.
How Long Does a Spouse Have to Respond to Divorce Papers?
Individuals who are served with divorce papers have a designated time frame in which they are permitted to review the details of the documents and respond. They can either sign off and agree to the terms or, if they disagree, they can counter.
Under Michigan state law, spouses have 21 days from the date they received the papers to file a response. Note that if they were served by mail or out of state, they have 28 days to respond.
If they fail to respond in the required timeframe, they may forfeit certain rights.
What if They Don’t Respond?
If your spouse does not respond to the divorce papers within the mandatory waiting time, you are within your rights to proceed without them. You can request a default divorce from the court.
A default divorce is a judgment that is made without input from the other spouse. The judge will examine the requests you made in the original complaint regarding property division, alimony, child custody, child support, etc. If they feel like the terms are fair and reasonable, they will draft and sign the divorce decree, granting you your requests.
Contact a Michigan Divorce Attorney for Assistance
It is possible to get divorced without any input or opinions from your spouse. Both parties have the right to request certain terms, but if the spouse who was served neglects to file a response, the court will continue without hearing from them.
It would be unfair to force the filing spouse to stay married just because the other party refuses to respond or neglects their duties. Some spouses believe that if they pretend it is not happening or do not respond they can delay the inevitable or roadblock the process. Unfortunately for them, this is not true.
If you are filing for divorce it is imperative that you obtain professional legal counsel to help you protect your rights and navigate the process. Reach out to an attorney today for more information.