Serving your spouse with the divorce petition is one of the first steps to take when ending your marriage. Your spouse needs to respond to the petition, which helps the legal process get started. As a general rule, they are going to have 20 days to respond in Oklahoma. All states set their own deadlines.
But say that the 20-day deadline comes and goes, and your spouse never responds. Does this mean that your divorce can’t continue, or is it going to delay the process? Do you need to wait indefinitely as your spouse mulls things over and decides what they want to do?
Response is not necessary
No, you do not have to wait indefinitely because you don’t actually need your spouse to respond. They are being given 20 days as a courtesy. If they want to be part of the divorce case and have a say in things like property division or child custody rights, then they need to respond to the petition. The 20 day-period is just supposed to give them some time to read over the petition and prepare for the divorce.
But if they miss the deadline, then the divorce can move forward without them. Courts still have the option to issue a default divorce order in your favor. This ends the marriage without your spouse’s input on critical decisions – such as how to split up custody time with your children. But the court can still grant you that divorce and those custody rights, even if your spouse refuses to participate in the entire process.
This can make your divorce a bit more complicated, so be sure you know what legal options you have.