Telltale Signs Of A Difficult Spouse During Divorce
Some spouses complicate the divorce process and force you to jump through extra hoops. Here are some situations that mean you have a difficult spouse.
They Are Unavailable or Refuse Service
The first step towards divorce is to file for divorce and notify (serve) your spouse. Unfortunately, a spouse who doesn't want a divorce or prefers being difficult can refuse service and even go into hiding. Some spouses even turn violent and abusive when you approach them about divorce.
Most states give you several options to serve your partner with divorce papers. The options include both professional and nonprofessional process servers. Choose professional service if your spouse is difficult. For example, you can use:
- A process server
- A court clerk
- The local sheriff's office
Furnish the professional with your partner's last known address. Request an alternative service if the professional server fails to locate your partner. For example, the court may allow service by publication.
You must prove good faith attempts to locate your spouse for the court to agree to an alternative service. For example, you should prove that you have contacted your spouse's partners, coworkers, employers, and friends. In extreme cases, the court may grant you a default divorce in your spouse's absence.
They Don't Want to Negotiate
An out-of-court divorce settlement has multiple benefits. Resolution outside the court saves resources and helps keep the peace between you. You can even reduce the divorce's impact on the children if you avoid litigation. However, divorce negotiations are only possible if you are civil and willing to negotiate.
Determine why your spouse doesn't want to negotiate first. Hopefully, their reasoning is a misconception that you can help clear up. This tip can work if you are on speaking terms with your spouse.
Otherwise, assess the situation and determine whether court action is viable. For example, litigating one small issue might require more resources than the issue is worth. Thus, you may compromise if you have settled everything and your spouse's difficulty is about a single point. However, litigation is a smart option if your partner doesn't want to negotiate anything.
They Hide Information
Lastly, the best divorce process has both partners honest. Both of you should be honest in your respective incomes, assets, and debts. The process gets complicated if either of you hides information or assets. Here are some tips for dealing with a dishonest partner:
- Provide proof of your suspicions
- Ask your spouse for documents with the information you need
- Consult a lawyer and inform them about your suspicions
A family lawyer has legal tools to get information from a difficult partner. For example, the lawyer can instigate the discovery process. The discovery process, through different techniques, compels your partner to produce the relevant information or face the court's wrath.