Divorce can be a difficult process, even when both parties agree to end the marriage. But what happens when you are ready to move on, but your spouse won’t agree to divorce? The simple answer is yes, you can still obtain a divorce. Read on to learn what to do if your spouse won’t cooperate.
Grounds for Divorce in Virginia
In Virginia, you can request a divorce based on either fault (e.g., your spouse abandoned you, committed adultery, or was convicted of a serious crime) or by living separate and apart for a specified period. Neither of these grounds requires the consent or cooperation of your spouse.
However, you will need to present evidence and testimony from at least one witness to prove that you meet the criteria for obtaining a divorce.
Property Division, Support, and Custody Issues
If you and your spouse need to address issues such as property division, spousal support, child custody, or visitation, you won’t be able to finalize the divorce without either:
- A written agreement between both parties, which requires your spouse’s consent and signature, or
- A court ruling in the absence of an agreement.
An agreement requires both spouses to consent, while court proceedings can move forward without your spouse’s cooperation, as long as they are provided with proper legal notice.
Proceeding Without Spouse’s Cooperation
If your spouse refuses to participate, you can still proceed as long as you provide sufficient legal process. This means you must give your spouse proper notice of the court hearing and the opportunity to attend. Without proof of this, the court won’t allow you to proceed with divorce matters such as property division, spousal support, or child custody.
Once legal notice is served, if your spouse chooses not to attend, the court can still make decisions regarding all aspects of your divorce. Your spouse forfeits their right to present evidence, and the judge will resolve the divorce issues without their participation. The court will then enter a final divorce order.
Why You Should Hire an Attorney
If you want to obtain a divorce but your spouse refuses to cooperate, it’s essential to hire an attorney to ensure you follow proper legal procedures and protect your interests. The experienced divorce attorneys at DiPietro Family Law Group can help you navigate the legal process and safeguard your rights.
Contact us to schedule a consultation today at (888) 530-4374.
