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Divorce without Consent

Divorce is a stressful ordeal, and even more overwhelming if it comes to you as a surprise. One minute you’re thinking that your marriage is splendid and the next you discover that your spouse does not want anything to do with you anymore. The situation is shocking and heartbreaking, though not uncommon at all. There are innumerable reasons for why an individual would choose to send or present their partner with divorce papers without informing them first. If one is unhappy with their marital relationship, the mature thing to do is discuss it with your husband or wife before initiating the divorce process. Whatever your issues, you can sit and resolve them without seeking counsel of a Dallas Civil Litigation Attorney.

Divorcing your spouse without their consent or awareness on the matter may give rise to various legal complications. All states in the U.S have unbending decrees that govern marriage and its dissolution. The law protects the rights of both individuals in the marriage; it ensures that neither party harms each other or takes unfair advantage of the other. As a matter of fact, every person is entitled to know that their husband or wife wishes to divorce them. No court shall be willing to approve a divorce that was filed against a spouse who was clueless or unprepared. If you received divorce documents from your husband/wife without warning, you have the rights to contest this motion.

Common Reasons for Divorce without Consent

In most cases, the husband files for divorce behind the wife’s back because there is a new love interest in his life. He does not want to confront his wife with the truth, so it seems like the easy way out. Sometimes the motivation to divorce a spouse is justified; for instance, a woman may secretly file divorce to get rid of an abusive husband. If the husband refuses to sign the divorce papers, the wife has the option to make a case of domestic violence. Other circumstances that lead to divorce without consent include:

  • Intolerance to the spouse’s attitude/behavior
  • Financial implications of the spouse
  • A futile relationship
  • Both partners want different things in life

If you want to terminate your marriage for some reason, you have civil liberty to do so; however, you cannot keep this decision to yourself. You and your spouse need to be on the same page on the matter of divorce.

The Exceptional Case

While the court does not permit divorce without the consent of both spouses, there is an exception to the rule. If the husband or wife of a person cannot be located, the law may consider it unjust for that person to stay bound to the marriage. You may file for divorce if your spouse has been absent from your life for a considerable time and made no effort to contact you. It is also necessary that you have exhausted all means to reach them, yet failed to connect.

The court may ask you to present evidence for your attempts to communicate with your missing spouse. This may include sending divorce papers to their last known address and making calls to their last known active number. You shall also ask around their family and friends before involving the court. The next step is to issue a public declaration, usually in the local newspaper. If your spouse does not respond within three to four weeks, the court shall grant your motion.

 

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