Going through a divorce is undoubtedly an emotional matter. A spouse may feel hurt, betrayed, angry, and distraught when they learn about their spouse’s decision to file for divorce. Unfortunately, many assume that so long as they do not agree to the divorce, it cannot proceed. If this reflects your circumstances, you may worry that without your spouse’s consent, your divorce will not proceed. However, the following blog explores what you should know about these circumstances and the importance of discussing your situation with St. Louis County divorce lawyers to explore your legal options during these matters.
What Will Happen If I Don’t Have My Spouse’s Consent for Divorce?
First and foremost, it’s imperative to understand that Missouri is a no-fault divorce state, which means that you can file for divorce based on the grounds of irreconcilable differences. You do not need to prove that your spouse did something wrong in order to pursue a divorce. As such, if you wish to file but your spouse does not consent to the divorce, this will not impact your ability to proceed with this process.
If you file for divorce and your spouse does not respond to the petition or refuses service, you may assume that the process will not continue. However, you’ll find that if your spouse does not respond to the complaint, the judge assigned to your case can issue a default judgment. This essentially means that, because your spouse failed to respond, they relinquish their right to fight in court, and the judge can grant you the relief sought in the initial petition.
In some instances, your spouse may respond to the petition and pursue a contested divorce. This means they will disagree with the terms of relief you’re seeking as part of the petition. In some instances, especially if your spouse is hurt by your decision, they may try to make the divorce as difficult as possible by refusing to compromise on any matter.
How Can an Attorney Help Me During These Matters?
Going through a divorce can be an incredibly challenging period, both legally and emotionally. However, when you add an uncooperative spouse into the mix, these matters can quickly become overwhelming. As such, working with an experienced attorney is critical to fighting for the best possible outcome during these matters.
Your attorney can help you through every step of this process, from filing the petition and serving your spouse to fighting on your behalf if your spouse intentionally delays or tries to sabotage the divorce.
When you are going through a particularly contentious divorce in which your spouse does not want to end the marriage, the dedicated team at Stobie Family Law Group can help. We understand that working with an uncooperative spouse an cause a number of issues, which is why we are dedicated to assisting you through these matters. Our firm can help you understand your legal rights and fight for the best possible outcome for you. Contact us today to learn how we can help you.
