December 18, 2019

Marriage is a life-long dream for many, but things don’t always work out, and couples often opt for divorce. While divorce might seem like the better option when the marriage is failing, both partners might not agree to this. In most cases, the decision to file for divorce isn’t unanimous. Sometimes one party is willing to do anything to save the marriage and the other gave up.

Convincing your partner to sign the divorce papers will be hard in such a scenario. Divorce is complicated as it is, and adding the lack of consent makes it worse. But can you get a divorce without your spouse’s consent?

Divorce Process

Divorce is complicated but easier if both parties can agree to an amicable divorce. This becomes harder if your partner is willing to do anything to avoid the separation.

To file for divorce under these circumstances, you’ll need to prove why divorce is necessary. The court will want justification to why the marriage can’t continue. It can be due to reasons such as adultery, abuse, or things less severe like irreconcilable differences.

However, chances are good that your partner will decline your divorce request if they have already stated their opinion on ending the marriage. If this happens, you can file a contested divorce. This route only requires the signature of the filing party.

Contested Divorce

While this might seem easy, you have to notify your spouse and formally serve them with divorce papers. This could get complicated as some partners try avoiding you just to avoid being served with divorce papers. Others might state they decline the request or completely ignore it all together.

If your spouse is still declining your request for divorce, consult an attorney and ask to file a contested divorce. Once filed, your spouse will be served either by a registered process server or sheriff. According to the law, your spouse is considered served regardless of whether they refused the divorce papers.

Depending on the state you live in, the judge might allow the divorce proceeding to continue uncontested. If the spouse declines to show up and doesn’t respond to your petition in 30 days, you can request a default divorce.

A default divorce might actually work in your favor as the judge will rule based on the contents of your divorce petition. By declining to respond to your petition, your spouse has no say in the divorce proceedings or judgment.

Dissolution

Divorce is like a story; there are always two sides to it. Each spouse believes and sticks to their version of the story. During divorce proceedings, spouses will cite their reasons for filing.

However, this approach of finding fault typically leaves both parties bruised; thus, spouses opt for a more subtle approach. A Dissolution eliminates the blame game, thus reducing emotional harm to everyone involved, including the children. It also empowers spouses to leave marriages without having to embarrass each other.

In Ohio, however, you have to agree that you are incompatible with your spouse, and you’ve lived separately for at least 1 year.

Ending a marriage isn’t easy, but with proper knowledge of divorce proceedings, and a good divorce attorney to help you through it, it could end up being the best thing you ever did. If you’re faced with divorcing your spouse, call me today. I have the knowledge and experience to help you through this difficult time in your family’s life.