Olesko Law Firm

Divorce Without Consent

No one expects divorce going into marriage. The hope is always to experience the rare happily-ever-after. Unfortunately, statistically speaking, nearly 50% of marriages will not survive. As a divorce lawyer from a firm like the Law Office of Daniel J. Wright can explain, if you are preparing for a divorce, the one thing to keep in mind is that the process does not equate to failure. 

Too many people refer to divorces as failed marriages, and while there is some truth to that, it is more honest to say a marriage ended rather than failed. Failure implies some lack of required skill. However, more often than not, a divorce occurs because two people are not the right fit for each other. Sometimes this is a result of merely growing apart or having diverging interests. It is typically nothing to feel shame about.

Unfortunately, sometimes one half of the couple reaches the end of the relationship before the other, resulting in drama. You do not have to wait to file a divorce petition until both of you are on the same page. When you feel the marriage is over, do not stay in it. You will only create greater tension and resentment.

What If Your Spouse Does Not Want a Divorce

A marriage is a contract between two people, and while it takes two to maintain the agreement, it only takes one to end it. Your spouse can not force you to remain in a marriage you do not want, but they can make the process of getting a divorce more challenging.

It is not uncommon for the spouse who does not want a divorce to avoid the process as much as possible, including avoiding notification. In most states, the individual filing the divorce must notify their spouse in person. If the spouse goes into hiding, a judge might request the filer to hire a process server. If the process server cannot find the spouse, the judge might allow the filer to place a notice in a local newspaper.

What Happens If Your Spouse Never Acknowledges the Divorce

Even if your spouse refuses to sign the divorce papers or notification, you can still get a divorce. However, the process might take a little longer. Essentially, if your spouse never responds to the divorce, a judge will enter a judgment in your favor, signing off on the demands you made in your initial filing because your spouse never contested.

Are you preparing for a divorce? Contact a local divorce attorney to learn more about the process.

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