When your spouse won’t communicate and you want to divorce, it can make things a little trickier. As soon as you decide to divorce, you’ll want to file a divorce petition, but your spouse has to acknowledge that they’ve received it. Since you have to serve this document to them, it may be helpful to use a process server, which is a person who makes sure that they receive the paperwork.
If your spouse doesn’t acknowledge the divorce petition, the court can still proceed. However, you may need to file additional paperwork to prove that the original petition was received and to apply for a default divorce.
How long does your spouse have to answer the divorce petition?
Your spouse usually has 20 days to respond in Kentucky. If they miss this deadline, then the divorce may move forward by default.
When the case goes into default, the respondent (your spouse) loses the right to argue against any part of the divorce as it has been filed. They do have the option to ask the court to set aside the default, but they will need to have a compelling reason to get a court to agree.
Can your spouse actually stop you from getting a divorce?
No. The reality is that even if they ask the court for help, the most the court could do is ask that you and your spouse go to marriage counseling. If you have done that or complete counseling and still want a divorce, then the court won’t stop you from getting one.