Can You Get Divorced Online if Another Party Is Not Willing to Consent?

on June 17, 2021

An increasing number of married people who are no longer happy in their marital relationships prefer to end the latter ones by getting divorced over the Internet. On the Web, there are lots of websites preparing divorce papers for their clients at a certain charge. Some even have lawyers who review the prepared packages to ensure that there are no slips.

If you want to have a quick, yet easy divorce, then you can also get it online. However, to get one, make sure that your state supports e-filing. If you are not sure about that, don’t hesitate to contact a clerk’s office for more info. You can use any divorce website to get your forms filled out; however, if you and your former better half are on bad terms with each other and it is difficult for you to agree on some matters, then be ready to have your case resolved in court.

Same deal with your spouse refusing to consent. In a nutshell, if your former love isn’t willing to cooperate, resist signing divorce docs, or simply went into hiding so that you cannot hand-deliver the copy of the papers to him or her, then you cannot get divorced over the Internet, as in your case you cannot go without court.

What to Do If Another Party Doesn’t Consent

If you don’t want to stay in your marital relationship any longer, you probably want to end your marriage on paper immediately. This is why you are likely to get to preparing your divorce package online hoping to resolve your case over the Internet. However, if another party isn’t willing to cooperate so that you can get divorced online simply because he or she still loves you or if you cannot locate your former soul-mate, the things turn sour for you. In this case, you have to accept the fact that you cannot go without court and that the process will take more time than usual. However, you still can make a fresh start no matter the circumstances if you take the following steps:

1. Get a better understanding of your state’s divorce law and its requirements

Since different states establish different divorce laws, it is crucial to get a deeper insight into the laws that are in force in your place of living. You can have either a fault divorce or a no-fault one. However, the latter may be a better option for you if you want to break up with your spouse without his or her consent. If you have no idea what to start with, find a licensed divorce lawyer who will help you prepare your do it yourself legal forms, as well as get a better understanding of available options and the proceeding on the whole.

2. Prepare your claim and submit it to your local court

Take note that your case will not start unless you submit your petition to the clerk of your local court. Make sure to pay the filing fee. If you are on a budget, ask if you can take advantage of a fee waiver. However, before the court waives the fee, be ready to fill out a specific request form. 

3. Make sure your former love is served with the document copies

Remember that no court will serve the documents for you. So, it is in your interest to make sure that your soon-to-be ex-spouse receives the package. Since hand-delivering is not always sufficient, you should better use USPS or ask your local sheriff’s office to serve your docs for you. However, if you have no idea where your former love resides at the moment, use a locator service. Sometimes, you can serve the docs by publication, and no matter whether or not your spouse reads it the court will qualify this act as effective.

4. Wait until your spouse gives his or her response

By law, your former better half should give his or her response to your claim within a particular period. Even if you are sure that he or she is not going to consent, you have to wait for these few days to pass. If there is no response, a default divorce can be obtained. As a result, a judge will give you what you want taking into account your filing. However, if another party doesn’t agree to some issues in your filing, then your case becomes contested and thus will be resolved by a judge after he or she hears both parties. 

5. Don’t miss any hearings and file responses to all motions

Make sure that your rights are protected by constantly checking up on how things are going for you no matter what position your spouse has adapted. Never miss hearings and appear in the court on all court dates. Do your best to respond to all filings and requests, too. Even though it is not easy to get divorced when your former significant other resists cooperating, you can still end your marital relationship even if it will take you a bit longer than an online divorce.