Can I Get A Divorce Without My Spouse?

At one point in time, both spouses had to consent before it was possible to move forward with a divorce. While there is a common misconception that this is still true, it is no longer the cause. Not having your spouse’s consent does not need to delay or complicate a divorce any longer. However, you’ll need to work with a top divorce lawyer in Nassau County to ensure that no problems arise. Our staff at Simonetti & Associates has helped clients get through this situation before, and will work diligently to do the same for you. 

Contact Our Divorce Lawyer In Nassau County

The first step of going through a divorce without your spouse will be contacting a lawyer. While this type of divorce does not need to be a difficult process, having children or owning significant property together can muddy the waters. With Simonetti & Associates, our divorce lawyer in Nassau County will handle these situations and reduce the likelihood of any potential delays. 

Request A No-Fault Divorce

A no-fault divorce is characterized as one in which the spouse requesting the divorce is not required to prove that the other spouse did something wrong. When you don’t have the consent of your spouse, filing for a no-fault divorce will be your best option. If you file for a fault divorce, it gives your spouse the chance to dispute the filing, making a no-fault divorce the best choice. 

Serve Your Spouse And Wait For Their Response 

Once you have filed for your no-fault divorce, your spouse will need to be served the divorce papers. The papers need to be served by certified mail, a sheriff, or a registered process server. After this is done, you’ll need to wait for either:


  • Their answer to the petition to the divorce.


  • The statutory period for an answer to expire.



Regardless of if your spouse answers by stating they do not want a divorce, in a no-fault divorce, only one party needs to believe that there are differences that can not be overcome for a court to grant a divorce.  

Custody And Property Disputes

The final aspect of this type of divorce will be custody and property disputes. These disputes can be resolved between both parties on their own, or be taken to court to have a judge rule on them. Your spouse will not be able to use these disputes to delay the divorce process, as a judge can grant the divorce first, with all other matters being resolved at a later date.

Simonetti & Associates – A Divorce Lawyer in Nassau County

The decision to file for a divorce can be a difficult one to come to. When you’re on a different page than your spouse on this matter, it can seem like it will make matters worse. With Simonetti & Associates, our divorce lawyer in Nassau County will secure your divorce whether or not your spouse agrees with it. With years of experience at our disposal, we promise to get you through this difficult time in your life with as few complications as possible. Be sure to contact us today to get the help you need!

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