A common question about divorce is whether or not you can get divorced without your partner ever knowing about it. To some, it might be a liberating thought — being able to avoid their ex thereby removing a lot of the stress, anticipation, worry and frustration. Conversely, some people want to surprise their ex with the news they are divorced.
However, it shouldn’t come as a huge surprise that you can’t get a divorce without your partner being aware of it. There are simply too many legal ramifications to a divorce for the courts to allow them to proceed without notice.
Consent is not required for divorce
An important distinction to make here is that your spouse doesn’t need to agree with the decision to get a divorce for you to be able to file. But you are certainly required to give them notice.
Whether or not your spouse agrees to the divorce will likely change the approach — and may certainly change the duration of the process. This is the distinction between what is referred to as an Uncontested Divorce, rather than a Contested Divorce. The legal system is structured to give both parties a fair opportunity to present their case and come to an agreement at any time.
So are you ever able to get a divorce without your partner knowing?
The exceptional circumstance under which you could get a divorce without your partner knowing is if they have disappeared and/or are unreachable.
If your spouse is absent, it must be shown that every attempt was made to contact them through their family, friends or acquaintances. If they still cannot be found a judge may grant the order in their absence.
What is the right approach to take?
If you are considering divorce, the first and best step to take is to contact a local family lawyer. They can help you come up with a plan and manage your expectations so that you are well-prepared for what comes next rather than feeling as though you need to try to dodge obligations. Keep in mind that the divorce process takes months even when done properly the first time, so you don’t want to have any issues with your paperwork when you file.
Simply give Epstein & Associates to a call to set up your free initial consultation where you can get a sense of our team’s experience and decide whether or not we are the firm for you.