When you and your spouse decide to tie the knot, the last thing you may expect in this matter is for your fairytale marriage to turn into a nightmare. However, when you decide that divorce is in your best interest, you may be upset to find that your spouse disagrees. It’s important to understand that you can file for divorce in Lousiana without your spouse’s consent. The following blog explores what you should know about these complicated matters and why connecting with a Monroe, Louisiana divorce attorney is in your best interest during these difficult times.
What Happens If I Want a Divorce But Don’t Have My Spouse’s Consent?
If you wish to file for divorce but your spouse doesn’t agree, you may worry that you will be unable to proceed. However, it’s imperative to understand that even if your spouse does not want the divorce, you may still file. This is because all states recognize no-fault divorces. As such, you do not have to prove wrongdoing by your spouse in order to proceed. You must simply cite irreparable differences in your marriage.
It is important to note that Louisiana does require those seeking a no-fault divorce to be separated from their spouse for 180 days if they have no minor children or 365 days if the couple has minor children. As such, if you meet these requirements, you may proceed with the divorce regardless of whether or not your spouse agrees to it or consents.
What Should I Do if My Spouse Doesn’t Respond to the Papers?
When you file for divorce, you’ll need to complete a considerable amount of paperwork. For example, you must complete a divorce petition and file it with the court, before serving the paper to your spouse. The person who serves your spouse on your behalf must the over 18 and uninvolved in the case, meaning you are unable to serve your spouse yourself. After your spouse has been served, they have 21 days in Louisiana to respond to the divorce petition. In their response, they may agree with the matters at hand making it an uncontested divorce, or they may disagree on one or more matters, meaning it is contested.
In some instances, when a spouse who does not want a divorce is served, they may intentionally fail to respond in the hopes that the divorce cannot proceed. However, it’s important to understand that even without their response, your divorce will continue. The judge can issue a default judgment for your case, meaning they will accept the terms and conditions in your papers as true since your spouse did not contest or respond to these matters.
As you can see, getting a divorce with an uncooperative spouse can be a complex and overwhelming matter to navigate. That is why it is in your best interest to work with an experienced attorney. At Breithaupt, DuBos, & Wolleson, LLC, our dedicated legal team will do everything possible to assist you in these matters. When you need help, our firm is here. Contact us today to learn how we can help you get the divorce you are entitled to.
