Divorce Online when your Spouse does not Consent

By March 10, 2015

Divorce when your Spouse does not Consent

If you are looking for a quick online divorce, then you either have to be certain that the divorce will be uncontested or that your spouse is unlikely to be found or will not bother signing any papers.

There is a bit of a myth, that if you do not have have the agreement of your spouse, you won’t be able to use an online divorce service and that you will need to see a Solicitor.

For instance you have spoken to your spouse and indicated you are going to file for divorce. They say, “do what you want, I am not going to get involved or pay for the divorce in any way”. To most people, this would mean a trip to the divorce lawyers and a hole in their pocket.

With a divorce online, you can actually have the papers prepared for you and issued at court. They will then be sent to your spouse for them to acknowledge and gibe a response.

14 days ( mandatory time period) passes and nothing has been received at court. Now, as long as you can prove that the Respondent has been served with the papers, you can actually proceed to getting a decree nisi ( interim decree) without them having consented to the divorce as long as it is based on behaviour, adultery or 5 years separation.

You can then either pay for a process server to hand them the papers or ask the court bailiff to re serve the papers and they then file a statement. If the respondent still fails to respond, you can ask for what is known as deemed service and proceed to decree nisi without their consent.

There are other ways of obtaining deemed service and we would be able to discuss these in more detail if you do not want to involve a process server or bailiff.

Now most people will think they have to get a divorce solicitor to carry this out, when you can actually deal with yourself.

Quickedivorce, as part of our service will deal with service and the application for deemed service for you as part of their fee for the online divorce.

Leave a Reply

Your email address will not be published. Required fields are marked *

4 × 5 =