Getting a divorce can be one of the most difficult decisions couples would have to make. It can be due to several reasons, but heart-breaking at the same time. A divorce can also be a messy affair especially if there are properties and children involved. In such cases, it can be helpful to hire divorce lawyers to guide you on the complicated process of divorce.
The process can be more complicated if your spouse doesn’t want to sign the divorce papers. There can be possible reasons why the other spouse does not agree with the divorce. It may be because he or she does not want to divorce in the first place. Regardless, a divorce that is not mutually agreed upon can be one major cause of stress for the applicant.
Uncontested vs. Contested divorce
Most couples who file for divorce often hire divorce lawyers to make the process as quick as possible. However, there are many cases wherein the other spouse does not agree on the divorce. In the US, it is a right by a spouse to file a divorce despite the other’s objection. If this happens, you can consult family lawyers about your situation.
A contested divorce happens when one of the spouses is against the divorce. It may be due to several reasons. Nonetheless, a contested divorce can make the entire process more complicated than expected. However, a contested divorce can still be addressed by the Court depending on your location.
For one, many US states allow the spouse who filed the divorce to secure a “default divorce”. Likewise, petitioning spouses may also allow the divorce to go on and considered “uncontested”.
Contrary to contested divorce, uncontested divorce involves a mutual agreement between the spouses. This includes agreeing on different matters like child custody and alimony. In such cases, you can hire spousal support lawyers or child support lawyers to settle the matter properly.
It can also be possible that the spouse initially agreed with your divorce terms, but changed his or her mind later on. In the end, he or she won’t sign the papers. In such cases, some states may still consider this as an “uncontested” divorce.
Even if the other spouse does not show up in court, it will still be considered by the judge as an uncontested divorce. Then again, it depends on your location.
What is a default divorce?
Meanwhile, some states allow divorce petitioners to file a request for a default divorce. It occurs when the other spouse does not respond to your divorce petition within 30 days. It can also be applicable if the spouse cannot be contacted for some reason. However, this ruling may vary depending on the state.
When the other spouse does not appear on the scheduled hearing, it is automatically assumed that he or she “agrees” on the terms. If ever you encounter these kinds of situations, you can seek advice from the best divorce lawyers near you.
What if your spouse does not want a divorce after all?
You have your mind set already for a divorce. However, your spouse thinks otherwise. It can be stressful on your part. But the decision should be made as soon as possible.
There may be reasons why your spouse does not want a divorce. For one, it may be because he or she still believes in your marriage. Or probably because he or she does not want to undergo the stressful process of divorce. Whichever is the case, it may be a good idea to talk to your spouse about it.
Perhaps both of you can consider marriage counseling in hopes of saving your relationship. More often than not, divorces end up in a bitter battle between the couple. That is why it is important to consider the implications of divorce before giving a final answer.
Is this really the end?
You may find yourself asking this question. To answer that, there are some factors you need to consider before deciding on divorce. Nonetheless, divorce is a heavy decision one may have to make.
In choosing divorce, one should be aware of its implications. It can be a tedious, stressful, and a very long process. But sometimes, it may be the only choice for the sake of everyone’s peace of mind and well-being.
Look for top rated divorce lawyers in Alexandria VA for any concerns regarding the divorce process.