Have you served your spouse with divorce papers, only to have them ignore the process and fail to show up to court dates? This situation is frustrating, but it does not mean you are stuck.
I’m Matt Dolan with Dolan Divorce Lawyers, and in this article, I’ll explain how to finalize a divorce in Connecticut when your spouse refuses to cooperate.
First, it’s important to understand this key point: you do not need your spouse’s consent to get divorced in Connecticut.
Even if your spouse does not want the divorce—or simply refuses to participate—the court can still finalize your case. When a spouse refuses to cooperate, there are generally two primary paths forward, depending on your situation.
One option is to pursue a default divorce. A default divorce occurs in certain scenarios, including:
In this situation, you can ask the court to allow you to proceed with the Connecticut divorce without your uncooperative spouse’s involvement.
In a default divorce, you present the court with your proposed orders addressing issues such as:
If the court finds that your proposed orders are fair and equitable, based on the totality of the circumstances, those orders can become the final terms of your divorce.
A default divorce is usually only appropriate if you are confident that you have a complete understanding of your family’s finances.
If there are assets or accounts you are unaware of, the court cannot divide what it does not know exists. In other words, if your spouse has hidden bank accounts or financial assets that never come to light, they may retain them after the divorce is finalized.
If you suspect undisclosed assets or incomplete financial information, a default divorce may not be the best option.
If you are less confident that you have full financial transparency, the better approach may be to force your spouse’s participation through court orders.
If your spouse fails to appear for required court dates, you can ask the court to issue a subpoena, which is a court order compelling them to appear.
If your spouse still refuses to comply, the court can issue a capias, which is essentially an arrest warrant. A state marshal can then bring your spouse into court.
Once your spouse is appearing and participating, the next step is discovery. Discovery involves formal requests for financial documentation, such as:
If your spouse ignores discovery requests, you can file a motion to compel, asking the court to order compliance.
If your spouse still fails to provide the required financial information, the court can impose sanctions, which may include:
Connecticut courts take repeated violations of court orders very seriously and will pursue enforcement with the noncooperative spouse.
Once all financial information has been disclosed, you can work toward negotiating a settlement. If an agreement cannot be reached, the court will schedule a trial, where a judge will decide the outstanding issues and finalize the divorce.
If your spouse’s refusal to cooperate causes you to incur significant attorney’s fees, Connecticut courts can order your spouse to reimburse you for those costs.
This can be an important tool to prevent one party from dragging out the process unnecessarily.
If your spouse is refusing to cooperate in your divorce in Connecticut, you do not have to navigate this process alone. If you have questions or are looking for experienced representation in a divorce or family law case, we invite you to contact Dolan Divorce Lawyers to discuss your options.
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