One of the questions I am often asked at the beginning of a case is how the process is likely to end. I commonly tell clients that the vast majority of cases resolve by agreement in some fashion, regardless of the process used. The real question is when that agreement comes, whether at the beginning before a court becomes involved, somewhere during the litigation process, or even on the eve of trial.
An agreement, however, requires both parties to participate and agree to its terms. So what happens when one spouse simply refuses to participate?
To answer that question, we need to start with a few basics.
Divorce vs. Dissolution: Why the Difference Matters
In Ohio, there are two ways to legally end a marriage. The first is a dissolution. A dissolution is a negotiated agreement on all issues, with the parties reaching a complete settlement and signing all necessary paperwork before the court is involved in any meaningful way. The court’s role is largely limited to reviewing and approving that agreement. Unless the terms are patently unfair or inequitable, the court will almost certainly do so.
A dissolution requires cooperation from both parties. Each spouse must be willing to disclose financial information, participate in negotiations, and work toward a resolution without the court imposing deadlines or directing the process. If one spouse is unwilling to cooperate, a dissolution is not a realistic option.(Your discussion of dissolution and why cooperation is required.)
When a Divorce Case Becomes Necessary
That leaves the second method. If the parties cannot obtain a dissolution, either because they cannot reach an agreement or because one spouse refuses to participate, the remaining option is for the party seeking to end the marriage to file a complaint for divorce.
In this context, a divorce is contested litigation. By filing a complaint, the filing spouse is asking the court to resolve one or more issues that the parties have been unable to resolve themselves.
For many clients, this is how the process begins. Perhaps their spouse does not want a divorce and refuses to discuss settlement. Perhaps they are ignoring the issue in the hope that it will go away. Perhaps they are simply unaware that a filing is coming. Whatever the reason, a lack of participation may slow the process, but it generally will not stop it permanently.
What If My Spouse Ignores the Divorce Filing?
Once a complaint for divorce is filed, it must be served on the other spouse. Service ensures that the other party receives notice that litigation has been initiated and that their legal rights may be affected. It also gives them an opportunity to be heard before the court takes action.
Service is often one of the points at which an uncooperative spouse can delay a case. In most situations, a court cannot proceed until the other party has been properly served.
The good news is that courts deal with this issue regularly. Ohio law provides several methods of service, including personal service, certified mail, and other authorized methods. When a spouse’s location is known, courts generally have multiple options available to accomplish service.
If those efforts fail, service may eventually be completed by publication, which involves publishing notice of the divorce filing in a newspaper or through other methods authorized by the court. Depending on the circumstances, completing service can take days, weeks, or even months.
Can a Divorce Move Forward Without My Spouse?
Once service has been completed, the other spouse has a limited period of time to file a response or otherwise participate in the case. If they fail to do so, the court may proceed without their involvement and resolve the matter on an uncontested basis if appropriate.
That does not mean the filing spouse automatically gets everything requested in the complaint. The court will generally still require evidence supporting the requested relief. In many cases, the filing spouse will need to testify and present a corroborating witness.
Does a Non-Cooperative Spouse Increase the Cost?
None of this comes without a cost. When one party refuses to participate, the case may take longer than it otherwise would. Additional delays often mean additional expense, including attorney fees and court costs. In some circumstances, the court may order the non-cooperating party to pay some or all of the other party’s attorney fees if the court concludes that the lack of cooperation was not justified.
The Bottom Line
For some people, a spouse’s refusal to cooperate creates the fear that they will never be able to obtain a final divorce. The reality is that Ohio law provides a path forward even when one spouse refuses to participate. While the process may take longer and require additional effort, an uncooperative spouse generally cannot prevent the case from moving forward forever.
Having a candid conversation with an attorney at the outset of a case can help establish realistic expectations about timing, cost, and the steps that may be required.
If you’re concerned about how an uncooperative spouse may affect your divorce, we’d be happy to discuss your situation. Give us a call to schedule a consultation.
With more than 20 years of experience, C Gustav Dahlberg focuses exclusively on family law, representing clients throughout Franklin County and across the state. As a Certified Specialist in Family Relations Law by the Ohio State Bar Association and as a Fellow of the American Academy of Matrimonial Lawyers, his expertise spans divorce, child custody and support, alimony, and complex asset division, as well as family law appellate matters. He has been recognized as an Ohio Super Lawyer since 2020, has earned an AV Preeminent® Peer Review Rating℠ from Martindale-Hubbell, and serves on both the Executive Board of the AAML’s Ohio Chapter and on FLS Council and committees for the American Bar Association – Section of Family Law.
