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Do I need my spouse’s consent to file for divorce?

Understanding your legal rights is very important. Making a plan to deal with your life realities of divorce helps to get out of the process in a better way. Gathering information and advice from divorce attorney in Fairfax VA helps to develop a plan. When filing for divorce, many people think on do I need my spouse’s consent to file for divorce. It is true that the law evolved as a means to obtain a divorce for a remedy against damages when a spouse could prove infidelity,neglect,abuse,abandonment or any other similar cause.Today,many states have no-fault divorce system where spouse’s consent is not necessary.

How to get a divorce without spouse’s consent?

While filing for divorce, make sure to file petition in the local state courthouse of the state of your current residence in spite of where you got married. Then it is true that a divorce cannot proceed without proper notification to the spouse and do it so by filing proper service of the petition.Although, consent is not necessary but still the spouse has a limited time to respond after service. In case a spouse cannot be located then the court published a divorce notice in local periodicals before the process takes one step further.

You must verify your eligibility for filing as to secure a legal termination of your marriage. Make sure to fulfill the residency requirements of the state. Either you or your spouse has resided in the state of filing for a period of at least six months. In addition to this, the divorce petition should state the grounds of case. A no-fault divorce does not require any wrongdoing by either party but it can be obtained even if mutual consent divorce can be obtained. If your spouse does not agree for consent then you may enact a provision that you are living separately for minimum of two years and this marriage cannot be rectified. In other cases, reasons like adultery, conviction of a felony, abandonment, bigamy, insanity or desertion can be used for fault-based divorce.

Then the divorce papers needs to be filed and the papers must be obtained from the office of the country clerk where you can file for divorce and make sure to meet all the form requirements to avoid rejection. You have to include all special requests like child custody, alimony rights, property rights etc..After completing the forms, file then with country clerk and all the forms must be signed and stamped by the office and they must be served to your spouse either through the sheriff’s office or by a private process serve. The act of serving the papers gives an official warning to the spouse.

Hiring divorce lawyer

If the spouse do not responds after the service time of the petition then you can seek an order from the judge barring any objections to the divorce. This makes divorce to be granted even if the spouse objects in future down the line.Usually, a court grants a divorce on the basis of irreconcilable differences when only one spouse makes the claim and court will not go deep into the case to investigate as what those differences are and if your spouse objects to the marriage then it becomes the basis of irreconcilable differences. Still, if you have some queries on this then seek help from a divorce attorney in fairfax.

 

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