Divorces can be unpleasant but necessary experiences. However, not all parties involved in the divorce process are willing to cooperate. If you have filed for divorce in North Dakota and your spouse refuses to respond, you may be wondering about your options. In this article, we will explore what happens in such a situation where a spouse doesn’t respond to divorce papers in North Dakota.
Understanding the Process of Divorce in North Dakota
Before delving into the consequences of a spouse failing to respond to divorce papers in North Dakota, it is essential to have a basic understanding of the divorce process in the state. In North Dakota, divorces are granted on the basis of irreconcilable differences. To initiate a divorce, one spouse must file a Summons and Complaint for Divorce with the court and serve the other spouse with the necessary legal documents.
Once the papers are served, the other spouse is given a specific time frame within which to respond. In North Dakota, the non-filing spouse has 21 days to respond if they were personally served, or 30 days if they were served through publication.
Consequences of a Spouse Not Responding to Divorce Papers in North Dakota
When a spouse fails to respond to divorce papers, it is referred to as a default. In North Dakota, if your spouse does not respond within the appropriate timeframe, you have the option to file a Request for Default Judgment. This legal document asks the court to grant the divorce and make decisions regarding property division, spousal support, and child custody.
It is important to note that even if your spouse fails to respond, you still need to fulfill the requirements set forth for a divorce in North Dakota. This entails proving the existence of irreconcilable differences and that the marriage is beyond repair.
What If My Spouse Decides to Respond After the Deadline?
If your spouse decides to respond after the deadline has passed, they can file a Motion to Set Aside Default. This formal request will be submitted to the court, requesting the default judgment to be overturned, and permission to file a response to be granted.
In North Dakota, when a spouse files a Motion to Set Aside Default, the court typically schedules a hearing to determine whether or not to grant the motion. During the hearing, your spouse will need to provide evidence to support their valid reason for not responding within the appropriate timeframe.
Conclusion
The divorce process is challenging, especially when one spouse refuses to cooperate. In the situation where your spouse fails to respond to divorce papers in North Dakota, you have the option to file a Request for Default Judgment. However, it is vital to remember that the requirements for divorce must still be met, and your spouse may be allowed to file a Motion to Set Aside Default if they can provide a valid reason for their delayed response. If you find yourself considering divorce in North Dakota, seeking guidance from an experienced family law attorney is always a wise decision.