What happens when a spouse ignores the divorce papers
June 26, 2026 · 1 min read
If your spouse is served and never responds, you are not stuck. A default divorce lets the case move forward without them. Here is how it works.
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You filed, your spouse was served, and then nothing happened. No response, no signature, no contact. It is a common and frustrating spot, but it does not leave you stuck. The law has a path for exactly this: the default divorce.
What a default divorce is
When a spouse is properly served and fails to respond within the deadline, they give up the chance to contest the case. You can then ask the court to move forward without their participation, which is called proceeding by default. The divorce can be granted based on your paperwork.
The steps
- Confirm proper service, with proof filed showing your spouse received the papers.
- Wait out the response window, commonly 20 to 30 days depending on your state.
- File a request for default once the deadline passes with no answer.
- Attend a hearing if your court requires one, and submit your proposed terms.
What the court still checks
A default does not mean you automatically get everything you ask for. Judges still look for fair and lawful terms, especially where children or significant property are involved. And a spouse who resurfaces quickly with a good excuse can sometimes have the default set aside, which is one more reason to make sure service was done correctly.
If your spouse is cooperative rather than silent, you likely do not need a default at all. Check whether your case qualifies for the simple path with our eligibility quiz, and see the response deadlines for your state in our state guides.
