Divorce Guide

Divorce Guide

How to get a divorce without spouse consent ?

In Earlier days divorce was unacceptable and was difficult. In today’s times you can get divorce even without your spouses consent. Many states have a option of no fault divorce. Irreconcilable differences is the ground of divorce and in such cases, the consent of spouse is not necessary. Many a times there are disputes regarding property and not the divorce itself.

How to get a divorce without spouse consent

  1. You should file for a divorce in the local state courthouse of the state where you are staying at present.
  2. You should serve your spouse with papers. For the divorce to proceed, your spouse needs to be notified for of the filing by proper service of petition. In this case, consent is not necessary, but the spouse has very limited time to respond after service. In case spouse cannot be located after legitimate effort, the court will require notice of the divorce published in the local newspapers. Only after the publication will the divorce process go forward.
  3. If your spouse does not respond after service, you can seek Bar objection. This is the process in which an order can be obtained from a judge barring your spouse from objecting to the divorce. In this case, you will be more likely to be granted a divorce even if your spouse eventually objects to the divorce.
  4. You need to claim irreconcilable differences to get the divorce. The court does not even investigate the differences cited and if your spouse objects to the marriage it will be considered as a reason for divorce.

How to get divorce even without contacting your spouse:

Due process of law means you are prohibited from suing some one in the court without notifying the person. The other person had better do something or else they will lose the lawsuit. This rule is applicable to divorce proceedings as well.

  1. You can file a divorce and not tell your spouse. In any case, you will have to serve the divorce papers to get a valid divorce. This will allow you to show that your spouse had proper notice.
  2. In case of some states, the service should be personal, while some states permit service by certified mail.
  3. In case you are not aware where your spouse lives, then it becomes impossible to serve the spouse. You can take permission from the judge to serve your spouse by running the notice in the newspapers. After some weeks, after the end of publication period you can get a valid divorce.
  4. Therefore, to obtain divorce, you need to be careful. After filing for the divorce, pay a reputable process server to look for your spouse.
  5. The process server will return with sworn statement about his efforts to find your spouse and failed.
  6. File a sworn statement in the court stating that you are not aware of the current residence of your spouse. However, you will have to state the last address of your spouse and it will help if it is very old.
  7. You will have to serve the divorce notice on the last address through a certified mail. The judge will then give you permission to serve and notify about the divorce by publication.
  8. Get hold of the cheapest newspaper after the judge orders the notice to be published. There are weekly newspapers that are devoted to running court ordered publications. This is the best paper as any one hardly reads such newspapers.
  9. After the period of publication is finished, you can get a sworn confirmation from the newspaper about running the court order.
  10. You can then get a default against your spouse from the clerk. You can proceed for your divorce.

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