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How To Get A Divorce When Your Spouse Doesn’t Want One

Getting a divorce is difficult and heart breaking. It can be even more complicated when one spouse doesn’t agree to it. But if you’ve tried all you can and believe there are unreconcilable differences, your spouse can’t stop you from getting a divorce. The only thing that can really stop you is the court.

Tips To Handling Your Divorce When Your Spouse Won’t Agree To It

divorced man taking off his wedding ring

Photo by George Hodan.

File for a no fault divorce
In every state, you are given the opportunity to file for a no fault divorce. You also have the option to give the reason for why you want to terminate your marriage. Stating a reason gives your spouse the ability to contest the divorce by denying the wrongdoing. In a no fault divorce it isn’t possible for your spouse to contest it.

Make sure your spouse receives the divorce petition, legally
If your spouse can contest that he or she wasn’t properly served the divorce petition, you may have to start the process all over. Consult with a lawyer to ensure you’re following every legal step correctly.

Wait out your spouse’s response time
You may have to wait out the time your spouse is given to respond to the divorce petition. If he or she responds to the petition you will probably have to resolve your divorce by trial. It’s likely that he or she won’t agree to a settlement if they don’t even agree to the divorce.

Ask the court for a default judgment
If your spouse ignores the divorce petition, call the court to find out how you can best move forward with a default judgment. If you filed for a no-fault divorce, your statement that the marriage is over is usually enough to get a default divorce.

Be prepared for a trial
If your spouse does answer the divorce petition you’ll have to go to trial to address issues such as property division, child support, and alimony. Bring as much documentation as you can to the trail to ensure a fair settlement.

All divorces are different in nature. For the most success, hire a divorce attorney to guide you to the best end result.

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