What Happens if One Spouse Doesn’t Respond to Divorce Papers?
It’s not uncommon for one spouse to either intentionally or carelessly fail to respond to divorce papers in Harrisburg. Your spouse only has twenty (20) days from the date he or she is served to either file a pro se response or retain a divorce lawyer, and even that can take time.
Importantly, Pennsylvania does not enter a default judgment in divorce proceedings. You still need a dedicated Harrisburg divorce lawyer from Purdy Law Office, LLC, to fight for your rights even without your spouse’s participation.
Common Reasons You Won’t Receive a Response to Divorce Papers
Many spouses elect not to respond to divorce papers if they do not intend to contest the petition or simply cannot afford to retain legal counsel. This often occurs in cases where the parties do not have substantial assets, or one spouse simply abandons the other. It may also occur if your spouse is imprisoned. In some cases, one spouse may be lawfully served but fail to receive the papers and retain counsel within the 20-day window. They may request additional time to file a response in such cases, which PA family courts will generally grant if good cause is shown.
Proceeding with Harrisburg Divorces in Cases of Non-Response
Pennsylvania does not offer ‘default’ divorces. This means the court will not simply finalize your divorce on your terms if your spouse does not respond. Though any non-response may work substantially in your favor with the right lawyer, you cannot obtain a no-fault divorce on mutual consent grounds if your spouse fails to respond. Your family lawyer must still establish one of the following grounds for divorce with sufficient evidence:
No-Fault (Uncontested) on Grounds of Separation
You may still obtain an uncontested divorce if your spouse does not respond to divorce papers if you’ve been living separate and apart for at least a year with no chance of reconciliation. Your spouse’s refusal to respond to divorce papers is often evidence that you do not intend to reconcile, and a lawyer can help you submit the affidavits and evidence necessary to establish these no-fault grounds.
Fault-Based (Contested) Divorce
In some cases, the court may treat a spouse’s non-response as a contested divorce and request you provide evidence establishing one of the following grounds to end your marriage in Harrisburg:
- Adultery
- Imprisonment
- Abuse and neglect
- Hostile environment
- Abandonment
- Institutionalization
- Bigamy
Your spouse’s refusal to defend himself or herself often works in your favor if you submit sufficient evidence of fault-based grounds for divorce, but his or her failure to respond does not result in an automatic decision in your favor. You must still submit admissible evidence to support your right to obtain a contested divorce, including your right to demand spousal support and child custody. An experienced Pennsylvania contested divorce attorney can help you gather the evidence necessary to prove your claims.
Connect with a Compassionate Harrisburg Family Lawyer Today
You cannot automatically obtain a divorce in Pennsylvania if your spouse does not respond to a divorce petition. However, this can work in your favor with the right divorce lawyer from Purdy Law Office, LLC on your side. Discuss your rights to finalize a one-sided divorce with our experienced Harrisburg domestic relations team today by calling 717-674-2885 or contacting us online.