Divorce is highly emotional and challenging. A spouse who doesn’t cooperate or intentionally delays divorce proceedings can add extra levels of stress, aggravation, and tension. It’s possible to get through high-conflict divorces like these with the proper tools and the right team advocating for you and your family. Below, we discuss how an uncooperative spouse can impact various aspects of divorce proceedings and what to do about it.
Have a spouse who won’t cooperate with the divorce? Contact our high-conflict divorce attorney for a free consultation.
Why Do Spouses Refuse to Cooperate During a Divorce?
You may be baffled as to why your spouse challenges every aspect of the divorce proceedings and refuses to find common ground to move forward on any issue. This refusal can stem from the false assumption that the divorce will be delayed or will not take place if they refuse to cooperate. In reality, however, a spouse’s constant conflict and refusal to come to the table rarely makes the other spouse wish to stay married. In most cases, this enhanced conflict simply creates a bigger divide between the couple.
Seeking revenge is another common reason a spouse may fail to cooperate with divorce proceedings. A spouse may feel jilted or wronged by their spouse filing for divorce, and they falsely believe that the only way to get back at their spouse is to make the divorce proceedings more difficult. A spouse with a mental illness, such as narcissistic personality disorder, bipolar disorder, and severe anxiety, can also be the reason behind your spouse’s refusal to cooperate.
Refusing to Sign the Divorce Papers
One of the most common ways a spouse chooses to be uncooperative is by failing to respond to the divorce petition or sign the paperwork to initiate the divorce proceedings. After your spouse is served the divorce petition, they have 20 days to respond either by signing it or submitting a counter-petition. Some people incorrectly think that if they avoid responding, the divorce won’t take place. However, this isn’t accurate. If your spouse fails to respond to the petition, you can file for a default judgment, and your spouse will forfeit their rights to negotiate the divorce terms.
Won’t Provide Financial Disclosures
You and your spouse must submit financial documents to the court and sign a financial affidavit. If your spouse delays filling out required income and asset information or fills it out incorrectly, it could be a sign that they are hiding assets. In these cases, a spouse may say they don’t have the proper paperwork or documentation, or take a significantly long time to provide the documents. If your spouse fails to provide financial information in a timely fashion, you can work with your high-conflict divorce attorney and file a Motion to Compel to get your spouse to submit the documents. If it’s discovered that your spouse indeed hid assets from the court, they could face criminal penalties.
Fails to Negotiate Asset Division
In Florida, assets are divided using the principles of equitable distribution. Equitable distribution gives each spouse an equal share of marital assets, rather than splitting them down the middle. Instead, you will negotiate with your spouse fairly and reasonably. The court considers factors such as the marriage length, contributions to the marriage, sacrifices made to care for the family, future earning potential, and each spouse’s ability to support themselves in the future.
Dividing property is one of the most highly contentious parts of getting divorced. Likely, an uncooperative spouse won’t negotiate or reach an agreement on how assets will be divided in a divorce. Uncooperative spouses will want assets divided in their preferred method with no negotiation. They may also demand specific possessions to seek revenge, such as requesting to receive expensive golf clubs when they’ve never golfed before. Even if you agree on what property should be divided, a disgruntled spouse may fail to divide the property after the divorce is finalized. For example, a spouse may delay or refuse to refinance the mortgage, fail to distribute funds in joint bank accounts or pay down debt that was previously agreed upon. If this happens, you can file a Motion to Enforce to get your ex to comply with the agreement approved in the divorce decree.
Won’t Agree on a Custody Arrangement
Another highly emotional aspect of divorce is creating a parenting plan and time-sharing schedule if you have minor children living in your home. Parenting plans require both spouses to work together to develop a custody arrangement that works for them. However, an uncooperative spouse may delay or fail to negotiate terms or come to an agreement to delay proceedings.
Challenges Spousal and Child Support Requests
Child support is paid in nearly all divorce cases involving minor children. Most often, a higher-earning spouse pays child support to the lesser-earning spouse, even if you have a 50/50 custody agreement. Florida law dictates how child support is determined, which is based on you and your spouse’s total monthly income and the number of children who need care. An uncooperative spouse may challenge the amount of child support or intentionally lie on their financial forms to pay less in child support. Spousal support, on the other hand, is not required and is a payment you can request in your initial divorce petition. Uncooperative spouses often challenge whether spousal support is necessary, the amount requested, and the duration of payments. When this happens, your high-conflict divorce attorney can work with your ex’s legal team to negotiate spousal support payments.
Tips for Dealing with an Uncooperative Spouse
Getting divorced when your spouse won’t cooperate can be exhausting, time-consuming, and expensive. Delayed requests and prolonged challenges unnecessarily draw out the process and prevent everyone from moving forward. When you’re in this situation, it’s essential to remain calm. Your ex may be challenging the divorce just to evoke particular reactions out of you. If you catch your spouse intentionally delaying or being untruthful during proceedings outside of court, document these instances and notify the court immediately. It’s also important not to seek revenge yourself. Always show up for court appearances and meetings with your legal team to show that you are eager and willing to negotiate and move forward. Lastly, don’t attempt to face your uncooperative spouse and their legal team alone. Contact our high-conflict divorce attorney at Peppler Law, P.A. to ensure you receive a favorable outcome for your divorce in a timely fashion, even if your spouse won’t cooperate.
Peppler Law, P.A.: High-Conflict Divorce Attorney in Oviedo, FL
Having a partner who doesn’t cooperate and needlessly draws out divorce proceedings is challenging, exhausting, and time-consuming. Have a high-conflict divorce attorney, like our team at Peppler Law, P.A., on your side to advocate for you and your family’s best interests. Schedule a consultation with our office today for help with dealing with an uncooperative spouse and moving forward with your divorce.
