Going through a divorce is undoubtedly an emotional matter. A spouse may feel hurt, betrayed, angry, and distraught when they learn about their spouse’s decision to file for divorce. Unfortunately, many assume that so long as they do not agree to the divorce, it cannot proceed in the greater St. Louis area and across Missouri. If this reflects your circumstances, you may worry that without your spouse’s consent, your divorce will not proceed. However, the following blog explores what you should know about these circumstances and the importance of discussing your situation with St. Louis County divorce lawyers to explore your legal options during these matters.
What Will Happen If I Don’t Have My Spouse’s Consent for Divorce in Missouri?
First and foremost, it’s imperative to understand that Missouri is a no-fault divorce state, which means that you can file for divorce based on the grounds of irreconcilable differences. You do not need to prove that your spouse did something wrong in order to pursue a divorce. As such, if you wish to file but your spouse does not consent to the divorce, this will not impact your ability to proceed with this process. Missouri Courts, including those serving St. Louis County and the surrounding communities, regularly handle cases where one spouse does not participate in or consent to the divorce.
If you file for divorce and your spouse does not respond to the petition or refuses service, you may assume that the process will not continue. However, you’ll find that if your spouse does not respond to the complaint, the judge assigned to your case can issue a default judgment. This essentially means that, because your spouse failed to respond, they relinquish their right to fight in court, and the judge can grant you the relief sought in the initial petition.
In some instances, your spouse may respond to the petition and pursue a contested divorce. This means they will disagree with the terms of relief you’re seeking as part of the petition. In some instances, especially if your spouse is hurt by your decision, they may try to make the divorce as difficult as possible by refusing to compromise on any matter.
Can a Divorce Proceed Without Consent?
- Yes, Missouri allows a divorce without both spouses agreeing
- You only need to show irreconcilable differences
- A spouse cannot legally “block” a divorce
- Courts may proceed even if one spouse refuses to participate
- A default judgment may be entered if no response is filed
What if My Spouse Refuses to Sign Divorce Papers?
When your spouse refuses to sign divorce papers in Missouri, it can feel as though there is nothing you can do but wait. However, this is far from the truth. The courts anticipate that not every spouse will consent or willingly participate in a divorce, and as such, have procedures in place to prevent one party from intentionally and indefinitely delaying the divorce. It’s critical to understand that refusal to sign papers will not stop the divorce, but rather changes how the case will proceed.
What Refusing to Sign Actually Means
- Signing papers is not required for a divorce to proceed
- Refusal generally leads to a contested divorce, not a “blocked” or “stalled” divorce
- Courts rely on proper service to proceed
- A judge can still hear your case and issue a judgment without the participation of your spouse
What Happens If Your Spouse Refuses to Sign Missouri Divorce Papers?
- Your spouse cannot stop a divorce by refusing to sign papers
- The court only requires proper legal notice (service)
- The case can proceed as contested or default
- Judges can finalize a divorce without the cooperation of a spouse
What Is a Default Judgment in Missouri?
A default judgment in a Missouri divorce is a court decision issued when one spouse fails to respond or participate after being properly served, allowing the judge to finalize the divorce without their involvement.
If you have served your spouse in St. Louis and they have failed to respond, the court may proceed with a default judgment. This is one of the most important legal tools when dealing with an uncooperative spouse, as it allows the court to finalize a divorce without the participation of the other party, so long as they have been properly served.
When a Default Judgement Applies
- Your spouse fails to respond within the required timeframe (generally 30 days)
- Your spouse intentionally avoids service but is eventually properly served
- Your spouse entirely avoids the court proceeding
- You have provided sufficient evidence to support your requested relief
What a Judge Can Decide in a Default Divorce
- Division of marital assets and liabilities
- Child custody and support
- Spousal support, if applicable
How Long Does a Divorce Take if My Spouse Won’t Cooperate?
The timeline for a divorce can vary in Missouri, depending on whether or not your spouse participated. In general, the state has a mandatory waiting period before a judge can finalize the divorce, but if your spouse avoids service, it can result in additional delays.
Typical Divorce Timeline in Missouri
- Minimum 30-day waiting period after filing
- Uncontested divorce: Generally finalized shortly after the mandatory waiting period
- Contested divorce: May take several months or longer
- Default judgment cases: May proceed if no response is filed after the required timeframe
Factors That May Cause Delays
- Difficult serving your spouse
- Disputes regarding child custody, property division, or support
- Intentional stalling by your spouse
- Court scheduling delays
Because every Missouri Divorce is different, timelines will vary depending on participation, court availability, and the complexity of the issues involved.
How Can an Attorney Help Me if My Spouse Refuses to Cooperate?
Going through a divorce can be an incredibly challenging period, both legally and emotionally. However, when you add an uncooperative spouse into the mix, these matters can quickly become overwhelming. As such, working with an experienced attorney is critical to fighting for the best possible outcome during these matters.
Your attorney can help you through every step of this process, from filing the petition and serving your spouse to fighting on your behalf if your spouse intentionally delays or tries to sabotage the divorce.
Contact an Experienced St. Louis County Divorce Attorney
When you are going through a particularly contentious divorce in St. Louis County or the surrounding communities, in which your spouse does not want to end the marriage, the dedicated team at Stobie Family Law Group can help. We understand that working with an uncooperative spouse can cause a number of issues, which is why we are dedicated to assisting you through these matters. Our firm can help you understand your legal rights and fight for the best possible outcome for you. Contact us today to learn how we can help you.
