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Divorce does not require the consent of the spouses. If your spouse does not want a divorce, you cannot file for a joint divorce, but there are other options.

Can I Get A Divorce Without My Spouse

The best course of action for you and your family may depend on your particular circumstances. One of our Edmonton divorce lawyers will be happy to advise you on the best way to get a divorce, even if your spouse doesn’t want it.

My Spouse Wants A Divorce But I Don’t

To obtain a divorce, couples must be legally married. It’s fine if you’re married in another province or country, as long as you or your spouse lived in Alberta for at least one year when you filed for divorce. If you are not legally married, you do not need a divorce.

Living apart for a year is the most commonly cited reason for divorce. You and your spouse may continue to live in the same home after the divorce for practical or financial reasons, but are still considered divorced.

Adultery or cruelty is more difficult to prove, especially if your spouse was not involved. If you want to use any of these options, contact one of our Edmonton divorce lawyers as soon as possible.

The course of your divorce will depend on what other issues need to be resolved and whether you and your spouse have children. The court will not dissolve the marriage until the issues related to custody, child rearing and child support are determined.

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If you and your spouse have a written agreement on all other matters arising from the separation, you can file for divorce. If you need the court to make a decision about the division of family property, alimony, custody, or parentage, you can file a lawsuit seeking relief as well as a divorce.

If your spouse does not want a divorce, but is able to resolve all other issues, you may be able to reach an agreement through an alternative dispute resolution method that allows you to avoid going to court.

An uncontested divorce may allow you to get divorced in a fairly simple process if you meet the requirements. The main steps are:

Can I get a divorce even if my spouse does not want a divorce? Of course how can that be! Let one of our Edmonton divorce lawyers guide you through the process and help you decide if you qualify for an uncontested divorce. Schedule a consultation with one of our Edmonton divorce lawyers or call us today at (587) 410-2500.

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*Disclaimer: Please note that this article is not intended to be legal advice. Contact an Edmonton divorce lawyer for legal help with your divorce. In most cases, your spouse should serve the process. This is just a legal way of saying that after you file your divorce papers with the court, you need to give your spouse copies of the filed legal documents. This often has to be done in person. Fortunately, you don’t have to be a delivery person. There are many companies that can do this on your behalf, and your local county sheriff is one option. Once service is complete, the person serving the documents will fill out a declaration of service, often called a certificate of service, which you will submit to the court.

Your spouse must be notified of the divorce proceedings in order to legally dissolve the marriage. Many parties in divorce cases hire process servers to serve a divorce petition, summons, or any other legal document required by state law on a spouse. Additionally, your spouse or attorney can voluntarily sign an acceptance of service or waiver of service to acknowledge receipt of the divorce papers, which can save time, money and headaches.

If your spouse is in prison, giving them a copy of the divorce papers can be more complicated. A spouse in prison can sign a waiver of service, which means the original court papers do not need to be served. If the incarcerated spouse does not sign the termination notice, the original divorce papers often must be served in person.

Prison facilities usually have special procedures for serving prisoners. Simply sending the divorce papers to the jail is probably not enough. Sometimes the county where the imprisoned spouse lives may have a sheriff or deputy serving the spouse. In order to personally serve a spouse in prison, you may need to determine if the basic divorce papers are sufficient or if additional forms are required. For example, you may need to obtain copies of court documents from your spouse’s criminal case to prove that your spouse is incarcerated.

Do I Need To Serve Divorce Papers Myself In New Jersey?

If there is a domestic violence issue with your spouse, filing divorce papers is still mandatory. However, you can request a protective order from the court before filing for divorce. When a judge issues a temporary protection order, it takes effect immediately. Generally, a protection order must be served by a sheriff, so you’ll need to contact your local police to arrange this. Fortunately, in this situation, the sheriff can complete the divorce papers and protection order process for your spouse.

You can divorce your husband even if you don’t know where he is. Each state has a service under the Disclosure Act. This can be used to serve your husband if he is deliberately avoiding delivery, absconding or staying at an unknown address. However, the court requires other steps before approving the use of this delivery method.

If you cannot find your spouse, you can apply to the court for permission to serve by publication. Upon request, you must provide details of your attempts to locate and serve the absent spouse. This information may include contact information for your spouse’s family, friends, and employers. It’s a good idea to include proof of personal service attempts and note the internet search results of where you last saw your spouse and your spouse’s last known address. You must prove to the court that your spouse cannot be personally served.

After a couple serves divorce papers, they have a limited amount of time to file a response. However, if your spouse ignores the divorce papers or doesn’t respond, you can still get a divorce. If the husband does not respond to the petition for divorce, he may waive the right to participate in the divorce proceedings. If they respond and refuse to participate, you may need to inform the court. The judge can compel their participation or end the case without them.

What To Do When A Spouse Refuses To Sign Divorce Papers

Although an uncooperative spouse can delay and complicate the divorce process, common divorce is also an option. If you have properly served your spouse with divorce papers, but your spouse refuses to attend, courts in some states may grant a divorce by default. In these states, as long as your spouse does not object to the divorce, the divorce can be finalized after a certain number of days.

If you are having trouble serving your spouse, there are additional steps you can take to move forward with the divorce process. In some jurisdictions, you can send the divorce papers to your spouse’s mailing address by first-class mail or certified mail, which allows you to request a return receipt.

You can also get help from someone in the court system in the county where you filed for divorce. In many cases, the sheriff or local law enforcement agency can serve the documents on your spouse. If your spouse is avoiding the sheriff, you may want to consider getting a private document server. Professional process servers are often private investigators with the resources to find a cheating spouse. If you still can’t find your spouse, the court may allow service by publication.

Before you file for divorce, you may want to fill out a divorce worksheet to help you get organized and know your next steps. If you have additional legal questions about your divorce, contact an attorney in the Rocket Lawyer network for affordable legal advice.

My Spouse Filed For Divorce: What Should I Do Next?

This article contains general legal information and does not constitute legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes frequently. Consult an attorney for legal advice.

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