What Happens if My Spouse Doesn’t Respond to Divorce Papers?

You’ve taken the difficult step of filing for divorce, served your spouse the papers, and now… nothing. It’s natural to panic and wonder if their refusal to respond means your divorce is at a standstill. But let us reassure you, this isn’t the case. At Mahoney Richmond Thurston, PLLC, we’ve helped countless people in your exact situation make sense of this frustrating process. Virginia law allows your divorce to move forward, even without your spouse’s participation. Let’s take a look at what comes next.

How the Virginia Divorce Process Works

After you file your divorce petition, Virginia law requires that your spouse be properly served with the divorce papers. This gives them official notice of the proceedings. Once served, your spouse has 21 days to file a response with the court.

If those 21 days pass without any response, your case doesn’t automatically stop. Virginia’s legal system recognizes that not everyone will participate willingly in divorce proceedings, and the law provides a path forward.

Understanding Default Divorce

When your spouse fails to respond within the required timeframe, you can request a default divorce from the court. This legal mechanism allows your case to proceed without their active participation.

The judge won’t simply rubber-stamp your requests, though. Even in a default situation, you must still present evidence to support your claims. This includes documentation about:

• Property division: Bank statements, real estate records, and asset valuations
• Child custody and support: Information about living arrangements, income, and the children’s needs
• Spousal support: Financial records and evidence of need or ability to pay

The court will review your evidence and make decisions based on Virginia law and the best interests of any children involved. Your spouse’s absence doesn’t mean you automatically get everything you ask for; it just means the judge will make decisions without hearing their side.

What Challenges Can Come from a Default Divorce?

Default divorces can help move the process forward when one spouse doesn’t respond, but they come with their own set of challenges that may delay or complicate the proceedings. Here are the main issues to be aware of:

1. Service Issues

Properly serving divorce papers is critical, but it isn’t always straightforward. If your spouse avoids the process server or has moved without providing a forwarding address, it can create significant delays. In such cases, you might need to attempt service multiple times or request alternative methods from the court, which can extend the timeline.

2. Court Scheduling Delays

Even in a default divorce, you’ll likely need to appear before a judge to finalize the process. However, court calendars can be packed, and scheduling a hearing may take longer than expected.

3. Risk of Contesting the Default

One of the biggest challenges of a default divorce is the possibility that your spouse may later try to contest the default judgment. Virginia law allows this in certain situations, but there are strict deadlines and requirements that they must meet. Still, this risk can add uncertainty and potentially prolong the resolution.

Tips to Move Forward with a Default Divorce

If your spouse hasn’t responded to the divorce papers, taking organized action will help your case proceed smoothly:

Keep detailed records of all service attempts and court filings. This documentation proves you followed proper legal procedures.

Gather your evidence systematically. Collect financial records, property documentation, and any information relevant to child custody or support. The more organized your evidence, the more efficiently your case can move through the court system.

Consider legal representation to handle the default procedures correctly. An attorney can help you present your case effectively and protect your interests throughout the process.

You Don’t Have to Feel Trapped

Your spouse’s decision to ignore divorce papers doesn’t give them veto power over your divorce. Virginia’s default divorce process exists specifically to prevent one party from holding up proceedings indefinitely. It may take a little longer than a cooperative divorce, but with the right legal support, you can still achieve a fair resolution.

Reach out to a divorce attorney at Mahoney Richmond Thurston, PLLC, today to better understand your specific situation. We help you develop the strongest possible case, even when your spouse won’t participate.