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Family Law - Filing For a Divorce When Your Spouse Doesn't Want One

Family Law - Filing For a Divorce When Your Spouse Doesn't Want One

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Published by CareyH231
Divorce Help
Divorce Help

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Categories:Types, Business/Law
Published by: CareyH231 on Jan 24, 2012
Copyright:Attribution Non-commercial


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 ==== ====Divorce Helpdivorcesecrets.1shopdeals.net ==== ====Introduction Obtaining a divorce is almost always a difficult and complex process. This is especiallycompounded in the situation where the desire to divorce is not mutual between partners. In theevent that one spouse wants a divorce but the other does not, is a divorce allowed? And how doesthe couple proceed? The answer to these questions depends largely on whether the couple livesin a "no-fault" divorce or a "fault" divorce state. "No-Fault" vs. "Fault" Divorce Each state's divorce laws will vary in terms of the requirements for filing a divorce. In general, thebasic idea is that in a no-fault state, one spouse may file a divorce even if neither of the partieshas committed a wrongdoing. In an "at-fault", or simply "fault" divorce state, the filing spouse muststate specific reasons why the judge will grant a divorce decree. Here are some more features ofno-fault and fault-based divorce options: "No-Fault" Divorce: The main feature of no-fault divorce is that the filing spouse does not need toprove any "fault" or wrongdoing on behalf of either person. They need not show any breach of amarital contract or transgressions of the law. However, some states require the filing spouse tostate that the couple is "no longer compatible" or has "irreconcilable differences". Also some statesrequire that the couple be living apart for a certain period of months or years before they can filefor no-fault divorce. "Fault" Divorce: In this type of divorce, the spouse filing for divorce needs to show the otherspouse was at fault in some way, either by breaching a marital contract or by certain actions,which may include: Marital unfaithfulness (adultery)Cruel treatment such as infliction of physical pain or emotional sufferingDeserting the other spouse for a period of timeBeing imprisoned for a specified length of timeInability to physically consummate the marriage (if not communicated beforehand). As you can see, it is generally much easier to file for divorce in a no-fault state. Please take note that even if divorce has been filed in a no-fault state, it is common for the non-consenting spouse to take actions to delay the divorce proceedings. For example, they may refuseto sign required documents or even move their locations in order to make it difficult to contactthem. So, while one spouse may be free to file the divorce papers, obtaining the actual divorce
can be a lengthy process in itself. Residency Requirement and Contestations Whether the divorce is being made in a fault or no-fault state, one common administrativerequirement is that the spouse who files for the divorce must establish that they are a resident ofthe state where they are filing at. The place of residence can make a huge difference as to theoutcome of the case, since no-fault states are less strict than fault states with regards to theirdivorce requirements. In addition to delaying the divorce process, the non-consenting spouse may often have the optionto contest the divorce. This is usually the case in an at-fault state rather than a no-fault state. If thecontestation is done in a fault state, the non-consenting spouse will usually have to show that theydid not breach the marital contract or that they did not do the actions that place them at fault (suchas adultery or cruelty). Many no-fault states do not allow the other spouse to contest a divorceonce it has been filed. More Issues- Notification and Publications Another common issue that arises in non-consent cases is the issue of notification. All statesrequire that the filing spouse employ their best efforts to notify the other spouse that they are filingfor divorce. This is done by officially serving them papers which include notifications of the divorce.This gives them a chance to respond if contestation is allowed. However, as mentioned before, it can often be the case that the other spouse cannot becontacted. This may happen for a variety of reasons; for example, if the spouse has moved andcannot be located. In such cases the courts allow what is called "notification by publication". Notification by publication is where the courts allow a spouse to notify the other party that theyhave filed for divorce through a local publishing company, usually in the "divorce" section of anewspaper. The person must place the ad in the newspaper stating that they have filed fordivorce, and the other party usually must be named. The person filing is required to wait for aperiod such as 30 days for the other spouse to respond. If the non-consenting party does not respond to the publication, the filing party then obtains a letterfrom the newspaper verifying that the ad was in fact posted for the required time. The letter issubmitted to a judge, who then continues with the proceedings. If the other party still has notresponded, the judge will issue a default judgment, which will be sent to the other spouse. In suchcases, the non-contesting spouse is not entitled to contest the default judgment, and the divorcewill be final. Conclusion- Some Points to Remember As you have seen, filing for divorce is possible even if the other spouse does not consent. If youbelieve that you will be filing for divorce, it is in your best interest to retain a lawyer, who can assistyou in preparing the necessary documents for filing in a timely manner. To recap, here are somepoints to remember when consulting with your lawyer: 

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