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Length: 01:43
Read more: Legal Action Workshop Video – How to Handle an Uncooperative Spouse

Many people believe that if their spouse is uncooperative, they will not be able to divorce. This is not true!A spouse does not need to be cooperative. In the divorce process, the petition for dissolution of marriage needs to be filed and then served on the spouse.

If the spouse is not cooperative, he/she can be served by a process server or another adult who is not a child of the marriage. In this case, the process server or other adult will sign and date the service documents and nothing else is needed from the spouse.

If the spouse does not ‘respond’ then the divorce will be a ‘default divorce’ and only the petitioner will go to court if there are issues that need to be addressed (and sometimes if there are not–depending on the court). If the spouse does respond, the parties will be in a contested divorce and will address their issues in court.

In essence, a divorce can still be finalized even with an uncooperative spouse. The attorney will advise

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  1. My husband has been served but through the office of his employment because he could not find him on campus. My husband said he will not honor the serving because it was not in his hands. But he physically has all the papers. He also said he will not sign them nor will he divorce me. What does all this mean?

    • Do you have a ‘proof of service’? This proof needs to be filed with the court. As long as he was served correctly, the divorce can proceed even without his cooperation. He has 30 days to respond. If he does nothing, then you can file a ‘default’ and the divorce can be finalized. Do you have children or property? Please call our offices @ 1-800-HELP-444 if you require help with the remainder of the process…we would need your case number.
      Thank-you for contacting Legal Action Workshop–THE LAW FIRM THAT OFFERS LOW FLAT FEES!

    • Carla:
      Do you mean that your spouse does not wish to sign the ‘notice and acknowledgement’ which is the proof of service? If this is the case, then he can be served by another adult (not a child of the marriage) or a sheriff or process server. If you are at another stage in the divorce process then I would need to know exactly what you are needing him to sign? If he has responded to the divorce petition then you are in a contested divorce. If he has not responded then you would need to enter a ‘default’. Please call our offices @ 818-630-5503 to discuss further.
      Thank-you for contacting Legal Action Workshop!

  2. Ma’am
    I was serve a summons my wife filed divorce she hAve carry conditional green card will expired Sept 30 2018
    What the best thing to do

    • Eric:
      How long have you been married? Do you have children or property? Normally, if there are issues, you will want to respond to the divorce in order to protect your legal rights. You may wish to speak with an immigration attorney with questions regarding divorce and how it will affect green card status. If you wish, you may call us to discuss further @ 818-630-5503.
      Thank-you for contacting Legal Action Workshop!

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