It's likely that you won't be able to participate in it. Normally, the court will notify the spouse to respond about scheduled hearings, other court dates, and the judge's decision. But if you haven't responded, the divorce process will go ahead without warning. It is likely that you will not be able to participate in the trial and, therefore, you will not be able to have a say on divorce decisions. The court may even grant the final judgment of divorce without your knowledge.
In some situations, your spouse may refuse to accept divorce documents as a way to get back at you or simply to anger you. Get the help of a divorce attorney if you're having trouble defending yourself against an unfair divorce lawsuit. Filing a response to a request for divorce or alimony and responding to the allegations presented in the action generally eliminates all defects in the processing of the process. Courts aren't eager to do this, as they'll want to make sure that your spouse has had a chance to see the divorce petition. The term “default divorce” generally means that the divorce petition is granted in favor of the petitioner because the defendant has not responded.
If you can't locate your spouse after a diligent search, you'll have to ask the court to allow you to file the notice by publication, which means you'll publish the divorce notice in a newspaper. This is true regardless of whether you are still living with your spouse or if your spouse tells you that they are not going to go ahead with the divorce, or even if they say, “I am pregnant, so the court will not allow the divorce to go through.”. The reason for these additional obstacles is that a default divorce essentially eliminates your spouse's right to participate in the divorce and to have a say in the process. They alleged that it was fraudulent for the husband to behave this way and yet continue to file for divorce.
Unfortunately, this is quite common and states have procedures in place for situations in which one of the spouses does not accept the service or, ultimately, does not respond to the request for divorce. If your spouse is aware of the divorce process but simply refuses to sign the divorce papers, then you'll need to prove to the court that your spouse has received the petition and refuses to sign it. For some people, signing divorce papers is too painful because it makes the reality of the situation definitive. Any point not addressed in this answer will be accepted as true by the court during the divorce process. If your spouse refuses to recognize the service, that doesn't necessarily complicate the divorce process.
If your spouse refuses to sign because you can't face the reality of the divorce, try to be understanding and patient. People have many reasons why they can't file an answer when they are presented with a divorce lawsuit or some other family law allegation.
