Divorce is the end of a road that no married couple wants to reach. Every couple wants to believe they will be together forever, but unfortunately, people can change and the person you loved at the beginning of your relationship is not the person you are with now. Sometimes, the best thing for two people to do for each other is to move in separate directions. However, dealing with persuasive emotions such as love and fear can make divorce a messy and difficult ordeal. Many people mistake divorce as a failure and often refuse to accept it as a solution. This attitude can make an already painful experience even more exacerbating.
Divorce can often make a once loving person bitter and vindictive. It’s not rare for the spouse to make the process of divorce as difficult as possible for their former partner.
What happens if your spouse refuses to grant your consent for a divorce?
Or if you can’t find your spouse can you still get a divorce? The answer to both of these questions is yes. In order to be granted a divorce without the consent of your spouse, you must be able to prove what is called the “breakdown of the marriage”. An action or actions that fall under the breakdown of marriage is adultery, if your spouse is being physically or mentally cruel, or if you have been living apart for one year or more. If you are able to prove that your spouse has committed one of these acts in a court of law then you have grounds for a divorce without the consent of your spouse. Your lawyer can do a lot of this work for you, which can be incredibly helpful as divorce is already a stressful time and it’s a good idea to have someone who knows the proper procedures.
Another wrench that can be thrown into your divorce procedures is an inability to locate your spouse. This may be a preexisting problem or due to your spouse believing that he/she can run away from the court and therefore the divorce. Fortunately, you can still obtain a divorce if you cannot find your spouse. What you must do in order to get a divorce without the knowledge of your spouses’ whereabouts is to prove to the court that you did everything within your power to locate your spouse. If you have sufficient proof that your spouse has left the country, then that is enough to grant you a divorce. However, if you do not there are a few steps you should take. First you should contact any and all relatives and friends. As you do this make a list with their names, phone numbers, relation (e.g. “mother”, “best friend”) and their response (“last saw him Saturday 4th…). You should also place an advertisement in a newspaper that you know has a fairly wide circulation in the area your spouse was last seen. You need to search the phone book of the last known city your spouse was in and call all the names in the phone book that share at least the last name and first initial of your spouse to ensure none of them are him/her. It is also a good idea to show that you have searched the Internet, such as searching their name on Google as well as trying to contact through any social media platforms they may be a part of.
These can be long, tedious processes and it’s a good idea to get all the help you can get. The lawyers at Ganapathi Law are highly experienced in the area of divorce. We know exactly what to look for and where to look for it and to help you get over your divorce as quickly as possible. Let Ganapathi Law support you while you get your new life started.