Can I get a divorce without my spouse’s consent?

On Behalf of | Apr 20, 2020 | Firm News |

Going through a divorce is one of life’s most difficult challenges. Sometimes, you are ready to move on, but your spouse may not be. In fact, some spouses deliberately refuse to sign divorce papers, to avoid finalizing a divorce. Yet, is it possible to get a divorce without a spouse’s consent?

Divorce basics in North Carolina

First, anyone filing for divorce in North Carolina must have lived separately from their spouse for at least one year. Once you file for divorce, your spouse will be notified and have 30 days to respond. You can still seek a divorce if your spouse refuses to respond or sign the divorce papers though. Eventually, a judge may consider your divorce a default divorce if you petition for that.

What is a default divorce?

A divorce attorney can help you ensure you complete all the paperwork you will need for a default divorce. If it’s not completely properly, you likely will need to restart the process.

Part of your paperwork will detail your child custody plan, child support recommendations and division of marital assets and debts. You and your attorney may need to, for one final time, try to notify your spouse.

Often, you will need to wait for a certain amount of time for a default divorce to be granted.

Default divorces can be complicated. That’s why it’s imperative you work closely with your attorney if your spouse won’t sign divorce papers or respond to your divorce filing.