A divorce can be difficult, but what’s more frustrating is when the other person doesn’t want to sign and is holding you to the relationship. What do family lawyers suggest in this scenario? Here is everything you need to know about divorce without consent.
You Don’t Need The Consent Of Your Spouse
You might think that you need the consent of your spouse in order to file for divorce, but that’s not the case. Sure, the consent from both sides will make the divorce process a lot smoother and it will take less time for the divorce to reach completion, but it doesn’t mean that you can’t file for divorce without having the permission or consent of your spouse.
It Will Be Longer Process
Although consent from both sides is not necessary for a divorce, it doesn’t mean that the process will be the same. When there are issues with consent from either side, then the divorce proceedings can have a slower pace.
These proceedings can take about double the amount of time to complete as compared to a normal divorce in which both parties consent to the separation. The legal teams need to come up with solid evidence to convince the judge, because the jury wants to hear both sides of the story, before finalizing the divorce.
File A Complaint
You can most certainly file a complaint for divorce if you feel like there is no way out of this marriage other than going your separate ways. Filing a complaint doesn’t need a lot of effort and it also doesn’t need the consent of the party you are filing the complaint against. Filing a complaint is the first step to proceeding with a divorce. After the complaint is filed, the petition is served to the defendant and then the case goes from there. This is where the proceedings and meetings of the divorce at court start.
Divorce Without The Other Person Knowing?
This is not an ideal condition, since the judge handling your divorce case doesn’t prefer one-sided divorce stories. The justice system needs to hear both sides of the story, so you can’t have a secret divorce behind your spouse’s back.
This might sound like a good option, especially if you know your spouse won’t like the idea of you proceeding with a divorce from them, but in that case, you can mention any type of abuse or manipulation to your legal team. This will strengthen your case in court and the proceedings will hopefully be in your favor.
What If Your Spouse Can’t Be Found?
This can be a huge problem. If you want to divorce your spouse, but you have no idea where they are, because they either abandoned you or are moving on without you in a different place, without separation, then you can file for a default divorce.
A default divorce is when your spouse has abandoned you and there is no way to track them down. In this case, a default divorce is your best option if you are looking for a way out of a marriage where the other partner is not even in the picture. This can be done without the spouse being present in the divorce proceedings.
What If They Don’t Answer The Petition?
Usually, after the complaint has been filed, the petition is served to the defendant party and they have a window of 10 to 15 days to answer back and start the divorce process. If they don’t answer the petition within that time frame, then you can go for a divorce without consent or default divorce. This is the best option since the spouse clearly doesn’t want to go forth with the divorce proceedings. You can go forward with the process as normal and the legal team will guide you.
There you have it! Divorce without consent is when you want a way out of the legal marriage without having the other person sign the papers. There are grounds and reasons for which this divorce is applicable and you need to be eligible to apply for it. Get the help of the best divorce lawyers Fairfax VA who can find and list solid reasons for divorce without consent.