Divorcing Without Your Spouse Knowing 

Some people are able to get a divorce without their spouse knowing. More typically, this occurs when the spouse that is seeking the divorce cannot locate the other. In this situation, the spouse filing for the divorce can approach the court for permission to serve by publication. This is usually granted when the filing spouse can show that their diligence in trying to find the other spouse for regular service has been unfruitful.

Divorce laws, proceedings and timelines for divorces, vary from state to state. If you are trying to get a divorce without your spouse knowing, you should discuss your situation with a lawyer that is licensed to represent spouses in a divorce in the state where your divorce needs to take place. Many people who have gotten divorced without the help of a lawyer or when they have shared a lawyer with their soon to be ex in order to save money, etc., regret these decisions once their settlement and divorce are final.

Getting a Divorce

Whether your spouse knows that you are planning to divorce them or not, some divorces are simpler than others. When two people have been married a long time, have shared property and debts, have children and/or own a business together, etc., regardless of whether or not both spouses are aware of the divorce proceedings, this divorce is likely to take longer to settle than a shorter marriage with no joint property, debts or children.

Hiring a Lawyer

Many people recommend hiring a lawyer for both simple and complicated divorces, to ensure that your rights are not being compromised because of your spouse’s wants and needs. Many people who are beginning divorce proceedings are in emotionally challenging situations that will make them act and behave in ways that wind up compromising their rights in the long run (i.e. people are often too nice which compromises their future financial situation, or other aspects of their lives.) When you have a lawyer on your side that is dedicated to looking after your rights and well-being, it be a comfort during the divorce process as well as ensuring that your rights are being upheld as much as they can be.

No-fault and Fault Divorce

All states in the U.S. allow for no-fault divorce and only a few still allow for a fault divorce. In a no-fault divorce, both parties acknowledge that the dissolution of their marriage is not caused solely by the other person’s actions or behavior. The term irreconcilable differences is often used as the reason for a no-fault divorce.

In a fault divorce, a spouse can file for a fault divorce where they blame their spouse for causing the dissolution of their marriage. Common causes for fault divorces are abuse, adultery, and abandonment, to name just a few.

There are advantages and disadvantages to both a fault and no-fault divorce. Discussing your situation with a good divorce attorney may help you to make more informed decisions about how to proceed with your divorce.

Stay informed with Divorce Law Office LA.