The end of a marriage is a tumultuous time, especially if you’ve been with your spouse for decades. Divorce becomes more difficult if your spouse cuts off all contact with you and moves away. Fortunately, there are options available for obtaining one without your spouse’s knowledge, but there are also restrictions in place to ensure this power is strictly used as a last resort.
In today’s blog, learn how you can obtain a divorce without your spouse’s consent.
Divorcing Without Your Spouse’s Signature
Securing a divorce when your spouse is uncooperative is complicated, but it’s doable. There are two types of divorce available in most states, which are uncontested and contested divorce.
An uncontested divorce is known as a simple divorce, and they occur when a couple agrees on all issues required to end their marriage conclusively. However, this doesn’t mean this type of agreement is amicable; it simply means a couple settled all disputed items in court. Most couples prefer an uncontested divorce because of its speed, simplicity, and inexpensiveness.
Contested divorce occurs when a couple can’t reach an agreement on one or more key issues, so they’re struggling to terminate their marriage. Typical hot button issues that lead to this type of divorce include:
- Child custody
- Child support
- Property division
- Debt allocation
- Asset distribution
- Temporary spousal support
- Alimony
If your spouse refuses to sign divorce papers, you will have to settle for a contested divorce because it’s an unsolved issue. In some states, you must serve divorce papers in person. However, some states will allow someone else to serve your spouse with documents on your behalf.
If your spouse moved out of state, you will have to prove to the court that you exercised due diligence in trying to locate them. A judge will ask you the following:
- Do you and your spouse share mutual friends?
- Have you contacted your spouse’s relatives?
- Have you tried contacting your spouse through social media?
Proving the Marriage Is Going Nowhere
If you’re hoping to file for divorce behind your spouse’s back simply because you two don’t see eye-to-eye, you won’t find much success. The onus will be on you to prove to a judge that your marriage should be legally terminated. You can mention any verbal, physical, or mental abuse your spouse has put you through to build a strong case. A judge will only grant you permission to proceed with divorce if you’re the victim.
If your partner served you with divorce papers and you aren’t ready to let go of the marriage, don’t ignore them. Refusing to sign them only delays the process, and it won’t prevent divorce altogether.
Contact The Ault Firm
A marriage can be legally terminated whether all parties involved like it or not, so it’s best if both spouses cooperate. If you feel backed into a corner, you need to work with a divorce attorney who can help you prove you’re suffering as a result of your marriage. Contact The Ault Firm today.
