When you file for a divorce in Tennessee, you can lay out some of the terms that you would like. Perhaps you want to have sole custody, for example, or you have proposed how marital assets should be divided.
Your spouse may contest these terms. If they do, they need to respond to the divorce petition. This helps determine if it is going to be a contested or uncontested divorce, and that determination allows the court to get the process underway. Generally speaking, your spouse will have 30 days to respond once you serve them with the petition.
But what happens if the 30 days come and go, and they have not responded? Maybe they have told you that they do not want to get divorced, so you think they are intentionally ignoring the paperwork. Does this mean that you are stuck in the marriage?
Divorce is still possible
No, you are not going to be forced to stay married. Your spouse’s cooperation can help this process, but it is not mandatory. You can still get divorced, even if they never respond.
To do this, the court uses the default divorce process. They will essentially wait the 30 days to give your spouse time to respond, but if they do not, then the court can enter a default divorce judgment in your favor once the minimums statutory waiting period to finalize the divorce has passed – 60 days from the initial filing if you dont have minor children, 90 days if you do You will likely get the terms that you proposed when you filed for divorce, so your spouse may have delayed the divorce process, but they cannot stop it.
These types of divorce questions can certainly make the process complicated, which is why it is so important to understand all of your legal options.