Divorce Law

Can I get an ex-parte divorce if my spouse refuses to attend court?

Asked by Anonymous · Answered 13 Feb 2026

The Question
I have filed for divorce, but my spouse keeps ignoring court notices and refuses to appear despite repeated summons. Can the case still proceed and be decided?
Answer — MyLawIndia Legal Team

Yes. If your spouse has been duly served with notice of the proceedings — meaning the court is satisfied proper legal service was completed — and still doesn't appear without valid reason, the court can proceed with the case ex parte, meaning it hears and decides the matter based on your evidence alone, without your spouse's participation.

Courts do take care to ensure service was genuinely proper before proceeding this way, sometimes requiring additional steps like substituted service (through publication in a newspaper) if your spouse appears to be deliberately evading normal service.

An ex parte decree isn't necessarily final and unchallengeable forever — your spouse can, in some circumstances, later apply to have it set aside if they can show sufficient cause for their non-appearance, such as never actually having received proper notice. Your advocate can guide you through ensuring service is done correctly from the outset, which reduces the risk of the eventual decree being challenged later.

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