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What Happens if My Spouse Does Not Want a Divorce?

Paper cutout of male and female with a broken heart and two rings on top

Marriages may unfortunately end, and sometimes one partner will not consent to a divorce. They might refuse to acknowledge the end of the relationship. Divorce contradicts what they may believe, despite what others may believe. You can file for divorce without your spouse's permission. The process will probably go more smoothly if you can get your spouse to sign the divorce papers, but if that isn't possible, you still have a few options. Keep on reading to learn what they are!

Prove the Reasons For Divorce

If your partner won't sign the divorce documents and consent, you'll need to provide evidence of the marriage's dissolution, such as adultery or physical or mental abuse. When the court hears your divorce application, you might be granted a divorce if you can provide proof of this.

If you Can't Locate Your Spouse

You might still be able to get a divorce even if you can't find your spouse to get them to sign divorce papers because you don't know where they are. You must prove to the court that you have made an effort to locate your spouse.

You might be able to request a court order to divorce them if you are unable to find them. You must demonstrate that you've taken all reasonable steps to locate your spouse before the court will grant you a divorce.

Uncontested Divorce

When one spouse files for divorce and the other does not reply within the allotted time, the divorce is considered uncontested.

The spouse who requested the divorce may ask the court to grant it at the conclusion of the time period on the grounds that the other spouse had the chance to object but did not. The judge then makes the assumption that the other spouse either supports the divorce or has no opinion.

Contested Divorce

When you and your spouse don't agree on any or all of the issues brought up by your separation, it's called a contested divorce.

If you are filing, you must sign the divorce documents and serve them to the other spouse to formally inform them of the actions. This means that the other spouse is informed and given the opportunity to refute the accusations the applicant has made or to present counter arguments. A spouse's denial that the couple is eligible for a divorce could also result in a contested divorce.

Seek a Divorce Lawyer For Help

Getting divorced is already enough to deal with; you shouldn't have to worry about all of the behind-the-scenes and paperwork. Get legal help!

A divorce attorney expert can assist you in determining the best result possible for your particular situation.

J. Leigh Daboll Law Office has the best divorce lawyers to help you during this difficult and confusing time. Please call us in Niagara!


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