In some cases, couples will petition for divorce together. But it is also common for one person to petition and then serve the paperwork to their spouse. Their spouse then has a chance to respond to the divorce petition, signifying that they understand the divorce is coming and indicating whether or not they agree to the terms.
But what do you do if there are complications during this process? Say that you and your spouse are estranged, so you are not even sure how to find them and serve them the paperwork. Or say that there is a high level of conflict in your relationship and your spouse says that they refuse to get divorced. They ignore the paperwork and do not sign the divorce petition. What comes next?
You can still get divorced
People sometimes worry that they cannot get divorced if their spouse is not cooperative or cannot be located, but you certainly still can. What you may need to do is use a default divorce.
The court will give your spouse time to respond and be involved. If you serve your spouse in Colorado, they have 21 days to respond. If you serve them outside of the state, then they have 35 days to respond.
But either way, if they exceed the time limit, then the court can issue a default divorce ruling. They often just accept the terms and conditions that you have proposed, leaving your spouse out of the equation entirely. The court can then grant the divorce even if your spouse will not cooperate.
This can help to alleviate some of your concerns if you were worried that a noncooperative spouse would try to prevent the divorce. While they can make it take longer, it is impossible for them to prevent it entirely. The key is just to understand exactly what legal options you have, which is why it is so important to look into them carefully when considering getting divorced.