If someone is legally married, do they need their spouse's permission to get a divorce?
Getting a Divorce Without Your Spouse's Consent
If your marriage has ended and you want to get a divorce, you need to make sure that your spouse is aware of your intentions. There are some different scenarios where getting a divorce without your spouse's permission may be possible, such as if your spouse is in jail or prison.
Separate and apart
Separation can take many forms. Some are informal and can be worked out between the couple without the involvement of the court. Others are more formal and require a court order, detailing the terms of the separation. In most cases, separation falls into one of these three categories. If you are considering filing for divorce, you should consider the legal aspects of separation before making a decision.
The first step in getting a divorce is determining whether the divorce is uncontested. In most cases, a divorce is not final until the two parties are legally separated. In Vermont, the court can grant a divorce without a trial separation after six months of living separately. A trial separation may be temporary but may turn into a permanent separation if the couple cannot reconcile. A permanent separation, on the other hand, means that the spouses are living apart and there are no hopes of reconciliation.
Separation agreements can also be difficult to enforce. Since they are not court orders, they are often hard to enforce. However, if the parties do reach an agreement, they should file it with the court and ask the judge to enforce it. Separation agreements often deal with the financial issues of a divorce.
Getting a divorce without a spouse's permission
The first step in getting a divorce without a spouse's consent is to prove that your marriage is over. This can be hard to prove, especially if your spouse has moved out of the state. However, there are certain circumstances when you can obtain a divorce without your spouse's consent.
If your spouse is avoiding service, you may be able to mail your divorce papers to him or her instead. If you use certified or first-class mail, you may request a return receipt. If your spouse does not respond to your mail, the court may view that as consent, and may allow you to proceed with the divorce proceedings.
Another method of service is to publish a divorce notice in the newspaper. This notice must be published in the paper's area for at least three weeks. Your spouse will need to pay the cost of this ad, but it is a fee that can be recouped later on in the divorce. In some states, you can even post your divorce notice on social media, such as Facebook.
Filing for divorce if your spouse is in jail or prison
Filing for divorce if your spouse is incarcerated can be a complex and time-consuming process. First, you must serve the incarcerated spouse with the divorce petition. You can do this through a process server or constable. Make sure you provide enough time for the incarcerated spouse to receive the papers.
If your spouse is in jail or prison, you should have a divorce attorney represent you. If the inmate does not have access to a lawyer, he or she may appear through a guardian ad litem or an attorney telephonically. If your spouse is moving to terminate parental rights, the incarcerated spouse must appear at the hearing.
In some cases, you may be able to serve your spouse by using their prison or jail address. If your spouse does not receive a letter, the Sheriff's Department can deliver the divorce documents to their cell. Once the spouse receives the divorce papers, they have 30 days to respond to them. Once they do, the divorce process will proceed to a hearing before a judge.
If you have any questions, you can get a free consultation with the Best Attorneys in Utah.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
