How to Divorce an Unwilling Spouse
A divorce can be easier to obtain if both spouses agree that it is the best option. However, you can divorce your spouse even if he does not want to be divorced.
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Instructions
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Contact your courthouse to obtain a "Complaint for Divorce." Most jurisdictions will have a simple form for you to complete, and some may even have an office designed to help you to complete the paperwork. The form will ask you for basic information such as your name, your spouse's name, and the date of your marriage. The form also will ask you questions to determine your eligibility for divorce.
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Determine the grounds for your divorce. The grounds vary by state, but commonly include separation, adultery, abuse and desertion. Some states also allow for a divorce based on the grounds that your spouse is incarcerated, failing to contribute to the marriage, or is hospitalized in a mental hospital. Be sure that you choose grounds for divorce that apply, because your spouse can have the complaint dismissed if there are no grounds for the divorce.
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File your complaint with the court. The court then will give you instructions for serving your spouse with the divorce paperwork. It is important that you have your spouse served, as she will not have to respond to the action until she actually is served with the papers.
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Serve the divorce papers. In most jurisdictions, you can do this in three ways: through certified mail, having someone you know serve him personally, or having a sheriff or process server serve the papers. A spouse that does not want the divorce may attempt to evade service, so you may have to spend some time and energy ensuring that you achieve service on your spouse.
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Ask the court for a default judgment. If your spouse does not file an answer to your complaint within the time period allowed by your jurisdiction, you will have to file a motion for default judgment. As you did with the complaint, contact the courthouse to obtain the paperwork for a default judgment. Once a judge is satisfied that your spouse is simply refusing to answer the complaint, she can grant the divorce without your spouse's appearance in court, or consent.
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Tips & Warnings
Be patient. Your case may move slowly through the judicial system. However if you are careful to comply with all requirements, you eventually will get your divorce.
References
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Comments
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who so ever God hath joined together, let no man separate. Marriage is not a piece of paper, it is a spirit of permission from God's spirit to be together until death. A license is just a law of accepting that joining. Divorce is simple a death warrent for the law..you still are joined by the spirit until death. God calls this divorce the harding of the heart to obey. It's a terrible thing to anger God.
