What If Your Spouse Does Not Want The Divorce?

Divorce is an emotional and challenging process. But, it can be even more complicated when one spouse refuses to cooperate. When this occurs in Virginia, the state has laws and regulations that must be followed.

Knowing these laws and regulations can help those going through a divorce understand their rights and make the process smoother. They will discuss what the law says about the dissolution of marriage in these situations. This article will also answer frequently asked questions regarding divorce and spouse cooperation.

Do Both Spouses Have To Agree To Divorce?

Ending a marriage can be a complicated process. It can be even more complex when one spouse wants a divorce, but the other does not.

In Virginia, it is possible to get a divorce even if one spouse does not consent. With some legal guidance navigating the court system, individuals can have peace knowing they can still obtain a divorce.

Fault-Based Divorce

Filing with grounds isn’t necessarily contingent on your partner’s cooperation. You can still file for a divorce without waiting for any mandatory separation period from your spouse.

Fault-based divorces are based on the grounds that one of the spouses has committed marital faults. An example of this is adultery, desertion, or cruelty. Furthermore, once grounds have been established by one party, that party may file regardless of spouse cooperation.

No-Fault Divorce

Divorce can be difficult for the parties involved when one spouse does not cooperate with a no-fault divorce. This can cause the process to be prolonged and costly.

This is because an additional step needs to be taken to get through the proceedings. However, even if one party does not cooperate with a no-fault divorce, courts will still proceed in granting the dissolution of the marriage.

FAQs On Divorce & Spouse Cooperation

Divorce involves several complicated legal issues and often requires the cooperation of both spouses. We will answer frequently asked questions about divorce and spouse cooperation. This will help those navigating the process make informed decisions.

Can You Get A Divorce Without The Other’s Knowledge?

Divorce proceedings can be tricky and complicated. Still, judges do their best to ensure the proceedings are fair for both parties.

To combat one-sided divorce cases, judges ensure spouses cannot get a unilateral divorce without the other party’s knowledge or permission. This measure is designed to prevent couples from divorcing behind each other’s backs. It allows each spouse an equal opportunity in the proceedings.

This is accomplished by requiring both spouses to appear together before a judge when filing for divorce. When filing jointly, each spouse can fill out paperwork. They can also make any claims they feel necessary during the process.

Is Divorce Possible When Spouse Can’t Be Located?

Finding and serving a spouse can be complicated and frustrating for those ready to end their marriages. But what happens if you can’t seem to locate your spouse? Thankfully, there is an option available.

This option allows you to ask the court for help in giving notice of your divorce filing. If you can’t find your spouse to serve them with divorce papers, you can ask the court for permission to use another service method.

An option for this is serving by publication or through a third party. This will ensure your spouse has received proper notification of the proceedings.

What To Do When Spouse Doesn’t Respond To Petition?

If you are filing for a divorce, it is crucial to understand the process and what happens if your spouse doesn’t file an answer in time. Fortunately, there is still a way to move forward with your divorce, even if this happens. You may request a default divorce.

A default divorce occurs when the other party does not respond or appear in court after filing a petition for dissolution of marriage. This allows the petitioner to move forward without their partner’s input as long as all other requirements have been met.

Summary

Suppose you’re considering a divorce in Virginia. In that case, it’s essential to understand that your spouse cannot stop you from obtaining one. But if they disagree with the decision, it can make the process more difficult and costly.

Divorce is a challenging experience regardless of the circumstances. Having your spouse disagree with it can complicate matters even further. Under Virginia law, an individual seeking a divorce must demonstrate that there are “grounds” for the dissolution of marriage.

Hiring a lawyer from The Irving Law is vital during the divorce process. The support of a professional can provide significant relief and assistance during such a difficult time.

It is crucial to choose an experienced attorney who is experienced in family law to ensure that your legal interests are appropriately represented. With the help of an experienced lawyer, couples can resolve their divorce issues as quickly and fairly as possible.

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