How to Get a Divorce When One Spouse Doesn't Agree

Introduction

Divorce is not for the faint of heart. It might be a highly unpleasant and stressful period in someone's life. Divorce, however, may be necessary for those who are being abused or face other circumstances that prevent them from remaining together. To avoid conflict during this challenging transition, some people file for divorce even if the other spouse does not want to part ways. Unfortunately, this causes a significant problem for the person who wants out of the marriage.

How can you get a divorce when one spouse does not agree? In such a scenario, if you are unsure of how to proceed, seeking legal guidance from an attorney in Knoxville, TN, will assist you in making an informed decision that is beneficial for you.  

Five methods to handle - If your spouse refuses to sign divorce papers

1. Determine the Grounds to file for a Divorce

The first step in making a decision is to determine the grounds for divorce. Some states only allow one spouse to file for a no-fault divorce, and others do not require any particular grounds so long as one spouse wants out of the marriage and there has been an extended period of separation. Each state has a different set of laws when it comes to filing, so it's important to review the laws in your state. For example, the basis for a divorce in Tennessee is living separate and apart for at least one year, and there is no reasonable expectation of reconciliation.

2. File for Divorce

If you have determined that you meet one of the qualifications because your spouse will not agree to a divorce, then file for divorce yourself. When you file an answer based on irreconcilable differences or based on incompatibility, this means that you with the help of your attorney will need to prepare the paperwork and appear in court without your spouse. Prepare all of the necessary documents before you file for divorce so that nothing is missed.

3. Serve Divorce Papers

Once you have filed for a no-fault divorce, serve divorce papers on your spouse and follow all local rules per state laws. If you cannot locate your spouse or if you cannot serve papers on your spouse, then consult a family law attorney who can help you to process for getting the court's permission to waive service.

4. File a Motion With the Court

After you have served divorce paperwork on your spouse, the state law of Knoxville, TN, allots a limited time frame to get a hearing on the record. If you cannot serve your spouse or if you have filed a motion with the court and so far, your spouse refuses to cooperate, then you will need to file a motion with the court for what is called an "order of default." The order of default allows the court clerk to sign the paperwork, and the judge signs off on this order with an automatic default ruling.

5. Finalize Your Divorce

At this time, your divorce will be finalized based on the information that you have filed with the court. The court will review the paperwork, and if everything is in order, they will likely grant the divorce without your spouse's signature. You can schedule a hearing to present your arrangements for child support or spousal support if necessary. You can also make arrangements for property division, child custody, and visitation rights.

A Knoxville divorce attorney can outline the specific laws that apply to your individual case. This way, you are able to make an informed decision that takes into account all of your needs while protecting your rights.

Final Verdict

Just because your spouse refuses to sign or agree to a divorce does not mean that you cannot proceed with the divorce. With the sound guidance of your trusted attorney in Knoxville, TN, you can smoothly overcome these complex proceedings and get a divorce.