How would the court know this unless the party is served?
Your spouse can contest the divorce at any point that they want to. They cannot force you to stay married to them so it only drags it out if they contest it.
I am having same problem. Wife says she will contest
File the divorce papers have them served on the spouse. If there is no response within the required time limit file a request for the divorce to be granted under the state default laws. A spouse cannot avoid a divorce they can only contest the terms of the dissolution petition. If the default laws apply the non compliant spouse forfeits the right to contest the terms of the divorce decree.
well don't get any divorce
If your spouse is served with divorce papers, that is what matters. The next step is the hearing before the judge. Your spouse may attend or may choose not to attend. It does not matter. What matters is the judge's decree. Many divorces have been granted when the spouse refused to sign.
If your spouse was served PROPERLY with paperwork and they do not sign or respond by the deadline, you will automatically get the terms u asked for in the divorce.
A spouse that does not sign divorce papers will get a default judgment entered against them and the divorce will still happen. You can however contest the default judgment if the court allows you to do so and thinks you have a good reason why you did not sign the papers.
Ask your attorney about suing your husband for divorce "in absentia).
In any state, only one spouse needs to sign the divorce papers and the other needs to be served legally per local laws.
You have to sign the papers == The divorce is not final until it is rendered official (Final Decree) in a court of law.
Technically yes. By this I mean that if there is a situation in which one spouse cannot be found (and the other spouse attempted to locate the spouse) then the court will proceed with the divorce without that spouse and enter a default divorce. However, if you were never served the paper work to put you on alert that you were getting a divorce then you do have the option, within a certain amount of time, to contest the entry of the default divorce. Although you cannot necessarily reverse a divorce you are given an opportunity to argue your side.
go to a lawyer and see if you can put it in the newspaper and if he or she doesn't read the paper you can do the no contest divorce and after about thirty days if he or she doesn't see it the marriage is over.