How to Divorce an Unwilling Spouse

Divorce filing is a complex task. This task becomes more complicated if either of the spouse is not willing for divorce. You can still divorce your spouse even if they are willing for getting divorced. This same task becomes very critical when your spouse is not willing to get a divorce nor is interested to discuss the issues which are responsible for the end of the marriage.

The procedures for divorcing an unwilling spouse are described below:

• The procedure for divorce starts as normal divorce procedure of your region. The process begins with filling the divorce form. This form is very simple one and accurate details such as your name, the date of marriage and spouse name is to be included in it. Apart from these, it also requires to include the information which would determine your eligibility for divorce.

• It is also required to determine the grounds for your divorce. While considering this aspect, it also requires being aware of the laws of your region. This is extremely important aspect to be considered because the grounds also vary from region to region. The general grounds used for determining divorce are desertion, abuse, adultery and separation.

• While selecting the grounds for divorce, it is also necessary to select the grounds that apply to your particular state. If it is not the case, then your spouse can dismiss your claims by claiming that there are no grounds for divorce.

• Once all the above mentioned aspects are finalized, then file your divorce complaint in the court. It would result in serving a term notice to your spouse to complete the divorce procedures. The demerit of this method is that you have to check whether it has properly reached your spouse as he/ she could only respond once the divorce papers are served to him/ her.

• The method of serving these papers can be done using two methods such as sending a certified mail or sending it personally. In case the spouse is unwilling for a divorce may evade the services and so the next process of divorce could not be adopted. Hence, it is better to opt for the method which the unwilling spouse could not evade it.

• If the spouse doesn’t still respond then you have the option of opting for a default judgment. Your case would qualify for this default judgment where the judge provides a time for your spouse to file an answer to your divorce complaint and if it is not done then you can opt for filing for the default judgment. The judge could grant a divorce to you without the spouse consent or presence in the court, if it is proved that your spouse is simply not answering to your complaint.

Thus, the divorce steps described above are useful for all those individuals who have decided to file for divorce but the spouse is unwilling for divorce. You can also refer to the different web sites for more information about the divorce papers, free divorce papers or divorce forms for filling a divorce. It will also inform you about ‘ how to file divorce .’



Source by John Platters

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