No one ever took the vow of marriage with plans for a messy divorce. When you decide to divorce your spouse, it can be a very painful process that is stressful not just for you, but for everyone involved. Divorce becomes even more difficult when both parties don't agree to the divorce, and you have to take on a whole other legal process of what is called "divorce without partner consent" here in Wilmington, North Carolina.
How to Divorce Without Partner Consent
It is important to note: the state of North Carolina does NOT require that BOTH spouses agree to a divorce for the divorce to take place. This means that if your spouse refuses to sign any papers, you can still move forward with the divorce proceedings and make it happen. Whether you suspect your spouse will agree to the divorce or not, the divorce process begins the same.
There are requirements that need to be met for you to get a divorce in Wilmington, North Carolina. You or your spouse must have lived in the state of North Carolina for at least six months when you file for divorce, and you also need to be separated from your spouse – with no reconciliation or cohabitation – for at least one year. Once those conditions have been met, you can't simply file for divorce anywhere in the state; you will need to file your divorce papers in the county where either you or your spouse reside.
But suppose you meet all these conditions, and your spouse refuses to agree to the divorce? This is when getting an experienced divorce lawyer in Wilmington, North Carolina, will play a key role in your case.
Now, your situation has shifted from a simple divorce to what is now called an uncontested divorce in Wilmington, North Carolina. Because your spouse does not agree to the divorce, your lawyer will walk you these the next steps.
- Step 1: Divorce papers will be filed in court that details of the property division and the children involved, if applicable.
- Step 2: Your spouse will be notified of the divorce. They may refuse to acknowledge that they received notification, so this could have an impact on the timeliness of the court proceedings. They have 30 days to respond to this notification. If they do not respond, the proceedings for an uncontested divorce will begin.
- Step 3: Once the spouse has been given the allotted amount of time to respond to the divorce notification, a court clerk will schedule a hearing with the judge who will be handling the divorce proceedings
- Step 4: Both you and your spouse will be notified of the hearing date.
- Step 5: You will attend the hearing, and the judge will sign a judgment granting the divorce.
At the end of the hearing, you will receive the official documentation stating that you are now legally divorced and you can now proceed to live your life as a single person.
Going through a divorce without partner consent isn’t always easy, but with the right lawyers, it can happen seamlessly. The circumstances will be more challenging if children and assets are involved, but even in these situations, an experienced lawyer will be with you at each step of the process.
It is important that you find a lawyer who is not only experienced but also compassionate and understanding. Getting a divorce is hard enough, and when you have the unfortunate circumstance of a spouse who refuses to respect your wishes, the stress levels can be elevated significantly.
Finding the Right Lawyer When You’re Getting a Divorce
In a perfect world, your divorce would begin and end in just a few months. However, this isn’t always the case, especially when other factors, like children, child support, assets and/or alimony/spousal support are involved. Things can get messy, so you’ll want to make sure you have a Wilmington family law attorney that is experienced in not only handling cases with spouses getting a divorce but more specifically, getting a divorce without partner consent.
The lawyers here at Speaks Family Law have ample experience in representing clients just like you. It can be stressful and sad, and you may be feeling alone or angry. You may have a host of emotions going through your mind right now, but if you get the right lawyer on your side, you certainly won’t have to worry about how your case is being handled.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401