All divorces can be stressful and difficult and that's when both parties can agree on many things. When only one of you wants to go through with the divorce, things are very different. To find out more about your rights to divorce against your partner's will, here is what you need to know.
Married Against Your Will?
Just as you cannot be married against your will, you also cannot be forced to remain married against your will. However, that also means that you can be divorced against your will. No matter how your marital partner feels about divorce, one party can initiate and follow through on a divorce without the okay of the other. When only one party files and participates in the divorce, the way things go can be surprisingly smooth.
Uncooperative Spouses and Divorce Issues
When couples disagree on matters, their divorce can become contentious. Typically, that means issues like child custody, visitation, marital property, and debt may hold up the proceedings and lead to an expensive and drawn-out affair decided upon by a family court judge. On the other hand, when both parties desire a divorce and agree on issues ahead of the divorce, things can go smoothly and quickly. When only one party files for divorce and the other party never participates, things will also go smoothly. That is because the divorce will go exactly how the filing party wants it to proceed.
The One-Sided Divorce
When you file for divorce, the other party is served with a petition. The petition informs the other party of the intent to divorce but it also mentions divorce issues. For example, the filing party might ask for the family home, car, and full physical custody of the children. If the other party never files an answer to protest any aspect of the divorce, the filing party automatically gets what they asked for in the initial petition. If the other party comes forward to protest any of the petition, however, it becomes a two-sided divorce.
In addition to uncooperative spouses, you must show that you made every effort to serve the divorce papers on your spouse, regardless of where they may be. In this instance, hiring a process server is recommended.
Likewise, it's important to know that some states require that divorcing parties live separately. If this is the case for your divorce, you should speak to a lawyer to find out more. If you move out, don't leave behind property, children, or pets. If you do, you could be providing your spouse with bargaining chips in the divorce settlement.
Just because your spouse refuses to cooperate in the divorce does not mean they can withhold property, refuse to pay debts, or fail to make child support payments. It also means you cannot be unfair or take advantage of the situation. To find out more about having a one-sided divorce, speak to a divorce lawyer.
