How Can an Uncooperative Spouse Complicate a Contested Divorce?
Divorce can be stressful and emotionally draining under any circumstances. It can be particularly challenging in a contested divorce when one spouse refuses to cooperate. A contested divorce occurs when the spouses cannot agree on the critical issues, such as child custody, property division, and alimony. When one spouse refuses to engage or uses delay tactics to stall the process, a contested divorce can become even more complicated, lengthy, and costly. Tactics employed by uncooperative spouses include:
- Avoiding service or failing to respond when served with divorce papers
- Refusing to engage in negotiations to reach a settlement
- Requesting unnecessary continuances to delay court proceedings
- Prolonging the process with financial control or emotional manipulation
How Do You Handle a Spouse Who Avoids Service or Fails to Respond to a Divorce Petition?
Service by Publication
An uncooperative spouse may try to delay a divorce by avoiding being served with divorce papers. A solution to this problem is to request service by publication under the Ohio Rules of Civil Procedure, Rule 4.4. Service by this method involves placing a legal notice in a newspaper to inform your spouse of the divorce proceedings. The court typically requires evidence that you have made reasonable efforts to serve your spouse by traditional means before resorting to service by publication.
Default Judgment
If you can prove that your spouse has been properly served but failed to respond within the time allowed, you may request a default judgment from the court. In this case, the divorce would proceed without the participation of the other spouse, and the court would make decisions regarding child custody, property division, child support, and alimony based on the information you provided.
However, the uncooperative spouse could later file a motion to set aside the default judgment, claiming legitimate reasons for failing to respond and potentially re-opening the case.
What Happens When One Spouse Refuses to Cooperate to Resolve Issues in a Divorce?
Mediation or Settlement Negotiations
If you are divorcing an uncooperative spouse, it may be wise to attempt mediation or settlement discussions early in the process.
Ohio courts often encourage mediation to resolve disputes outside of litigation. Mediation involves working with a neutral third party in an attempt to reach agreements on contested issues, such as child custody and property division. If your spouse is hostile or nonresponsive, mediation could still be an option, although it may require a great deal of patience and persistence. Document all communications and proposals as evidence for the court that you made a good-faith effort to reach a settlement.
Court Involvement for Final Resolution
When one spouse refuses to cooperate in a contested divorce, it becomes necessary for the court to step in and resolve the issues on which the parties cannot agree. Ohio courts consider various factors in deciding on key issues in a divorce, such as child custody, child support, property division, and spousal support.
- Child custody and support: Child custody is one of the most emotionally charged issues in contested divorces. Ohio courts prioritize the best interests of the child when determining custody arrangements. Factors they consider include the mental and physical health of each parent, the ability of each parent to provide a stable home environment, and the child’s relationship with each parent. If your spouse refuses to cooperate in discussing custody or fails to follow temporary orders, the court may impose custody arrangements and child support orders.
- Property division: In Ohio, marital property is subject to equitable distribution in a divorce, meaning it is divided fairly but not necessarily equally between the parties. If your spouse refuses to provide the required financial information or conceals assets, you may request a court order for discovery. In dividing marital property, the court will consider various factors, including the duration of the marriage, the contributions of each spouse to the marriage, the value of each spouse’s separate assets, and the economic circumstances of each spouse.
- Alimony: Spousal support may be awarded by the court based on the financial needs of one spouse and the ability to pay off the other. If your spouse refuses to cooperate with support negotiations, the court will ultimately decide based on the evidence presented. In awarding alimony, Ohio courts consider various factors, including the duration of the marriage, the standard of living maintained during the marriage, and each spouse’s income, assets, debts, expenses, and earning capacity.
How Can You Move Forward in a Contested Divorce from an Uncooperative Spouse?
A contested divorce from an uncooperative spouse can present obstacles that seem overwhelming. These strategies can help you keep the process moving forward:
- Document everything: Keep detailed records of all interactions with your spouse, including any violations of temporary orders, missed court dates, and attempts to negotiate. This can serve as critical evidence in court.
- Request discovery through the court: This legal process compels your spouse to provide documentation or face penalties if he or she is hiding assets or refusing to disclose financial information.
- File a motion to compel: If your spouse refuses to cooperate in the discovery phase of your divorce, file a motion to compel compliance. Your spouse must then produce the required information or face sanctions.
- Ask the court to hold your spouse in contempt: If your spouse fails to pay court-ordered child support or spousal support, ask the court to hold him or her in contempt. This could result in fines, wage garnishment, or even jail time.
- Work with an experienced Ohio divorce attorney: Divorce law is complex, and it becomes even more complicated in a contested divorce with an uncooperative spouse. At Lawrence Law Office, we have decades of experience and the knowledge and skills to help you navigate the process, protect your rights and interests, and ensure your divorce moves forward despite your spouse’s unwillingness to cooperate. Contact us at 614-363-1273.
