The answer to the question ‘How to get a divorce without my spouse knowing’ is YES. However, you can get a divorce from your legal partner under some circumstances. Let’s know the detail in this article about can I get a divorce without my spouse knowing.
Eligibility of getting a divorce without your spouse knowing
You can find many couples around you going through separation or divorce. According to Family Lawyers, there are 3 grounds when you can file a divorce without your partner knowing.
The 3 grounds are:
- A couple separated for about a year or more
- Any cruelty in the relationship
If you face any such issues, you can get a divorce without your spouse knowing.
However, you need to show proof of adultery or cruelty in your relationship. If you can show these, you can easily get a divorce when you prove the grounds to the court. There are many cases where the one filing for divorce also abused the partner. In such cases, the couple needs to stay separated for a year before filing for divorce. When you file for divorce, you can’t show your negligence in getting a divorce.
Is it necessary to be separated before filing for divorce
The reason and situation for your divorce can vary from others. From the mentioned 3 grounds, if your relationship is abusive or presence of adultery, you will instantly get a divorce. But make sure you have proper evidence because these are very tough to prove in court. However, you can even think about getting a divorce because there’s no presence of love in your relationship. For such cases, it is compulsory to have one year of separation.
How can I get a separation agreement
A separation agreement is very important while getting a divorce. The agreement helps a couple to make a decision together. There are 3 different ways of getting a separation agreement, which is:
- Using traditional approach
- Having agreement over everything
- Using the ADR process.
What can I do when I can’t find my partner
If you file for a divorce but can’t find your partner, you can still get the divorce. But it would be best if you tried to search for them. You have to ask the judge to give a substituted service order when you can’t find your partner. In substituted order, you need to ensure the court that your partner knows about the divorce filing. However, the judge doesn’t grant the divorce easily as they make sure that you tried your best to search for your spouse. If you can prove to try to search for your partner, your file for divorce will be granted.
How long can I take to get a divorce
It might take about four to six months to get a hearing in simple divorces. Nevertheless, complicated and contested divorces take more time to settle. But it would be best to consult a divorce lawyer as they would give the best solution for you. Also, there’s no chance of filing for divorce if the couple is not separated for about a year. After the separation, you will require one more month to complete the divorce. On the other hand, if your relationship is facing cruelty or adultery and you can prove it to the court, the judge will immediately accept the divorce file.
By now, we hope you got the answers to “can I get a divorce without my spouse knowing?” Divorce will be tough and depressing, but it’s better to leave apart rather than be unhappy all your life. If you still have doubts, it would be best to hire a lawyer. They are experienced that will help you get the best outcomes much faster than usual.