No-fault divorce seems like the easiest, least stressful process of ending a marriage. There’s no need to point fingers and no need to recall the bitter past — you just need to acknowledge that it just didn’t work out. In reality, though, it’s unfortunately not as smooth sailing as it’s supposed to be. In most instances, some people who file for a divorce face spouses who don’t agree with their decision, and would make the process agonizing for both parties.
A ‘One-Sided’ Divorce
The number one concern of people stuck in a one-sided divorce is whether they could proceed with the process even without their spouse’s agreement. The simple answer is yes. The catch is you’re up against a very emotionally draining split.
The divorce process starts with filing the petition for the dissolution of marriage. The paperwork will then have to be served to your spouse. Some partners who don’t agree with the divorce would often hide or go missing, dragging the process and taking a toll on the physical and mental health of the filing party.
However, you have the option of placing a legal notice of the divorce in a newspaper to proceed with the case. Before you go through this, though, you would have to prove before the Colorado court that you exhausted all actions to find your spouse. This is the reason it’s important to work with an experienced divorce attorney. Miller & Steiert, P.C. noted that Littleton family law experts could help you in drafting the Affidavit of Diligent Search to be submitted to the court.
The Court’s Decision
A disagreeing spouse in the divorce process changes not just your legal options, but also how the courts decide. Even if you’re in a no-fault state, the court wouldn’t grant divorce that easily, especially when your spouse proves the “irretrievably broken marriage” otherwise.
The court would consider, for instance, the situations which triggered the filing of the divorce and if there’s a possibility for reconciliation. In some instances, the divorce process might be stalled for a while and you’d be asked to go to counseling sessions.
Whether it’s fault or no-fault, with agreeing or disagreeing spouse, divorce is a painful process. Find a support group you can count on as you go through this journey.