What happens if my spouse doesn’t answer my divorce petition?

In most states, if you can prove that your spouse received the divorce papers (such as showing a signed postal receipt), then you can obtain a “default divorce.” In most cases, if your spouse doesn’t respond in a specified period of time (20 days to three months, on average), then a court can grant a default divorce. The disadvantages to default divorces, however, vary, including the ability of your spouse to reopen the case (within up to a year), and the difficulties in working out a marital agreement if your spouse doesn’t provide adequate information.