Divorce lawyers often hear, “My wife says she wants a divorce, but I’m not ready!” or “My husband won’t accept a separation.” When one spouse doesn’t want to get divorced and the other does, it can make things complicated. Many clients wonder whether it is even possible. The answer is yes, you can proceed with a divorce without your spouse’s permission or agreement, but you will need to follow the proper legal steps to ensure your divorce will be granted. Here’s how you can get a divorce without your spouse’s signature or consent.
Seeking A Contested Divorce
When the decision to divorce is mutual, it is often uncontested. Both spouses may agree on the division of their assets and other important issues. However, if you’re wondering how to divorce someone who won’t leave you or agree to get a divorce, it’s likely that you will be facing a contested divorce.
The law does not bind you to your spouse forever, and you don’t both need to agree that it’s time to get divorced. Your spouse may try to make the divorce difficult for you to feel like they still have a chance, but ultimately, there is nothing they can do to keep you from leaving. If you feel your spouse will make things difficult, it always pays to speak to an Edina pre-divorce planning attorney. This will help you compile important documents and learn about how your divorce may unfold. Then you can begin the process of involving the courts.
Filing for Divorce with An Edina Divorce Lawyer
If your spouse isn’t interested in negotiating, you’ll likely have to go to court to have your assets distributed and to end your marriage. Once you file your initial petition, it must be sent to your spouse and they are granted time to respond. It’s in your spouse’s best interest to attend the court date that is set. They will have more of an opportunity to get the financial outcome they desire. However, if they choose not to respond or show up in court, your divorce can still proceed. In this case, your spouse may be subject to what is known as a default judgment. The judge will only have the information you have provided when they are making their decision, so their judgment could end up being strongly in your favor.
Edina Pre-Divorce Planning and Divorce Attorney
An uncooperative spouse can make divorce incredibly difficult, so it’s important to work with an attorney who understands what you’re going through. Beth Barbosa is a divorce attorney who also offers pre-divorce planning services. Beth has the experience needed to help you navigate your divorce, whether your spouse has completely disappeared or is fighting you tooth and nail over the divorce. To get started on creating a plan for your divorce from an uncooperative spouse, contact Beth.