Can A You Get A Divorce Without Your Spouse’s Agreement In Virginia?

If you want to get a divorce but know that your spouse is not in agreement, you may be daunted by the thought of initiating your divorce. Michelle Hopkins and her highly capable legal team have experience with these situations and are ready to assist you with these unique facets of your divorce.

First, know that you do not have to remain married just because your spouse will not agree to a divorce. However, if your spouse is completely disagreeable, they may be able to stall the proceedings. Ultimately, you will be divorced, just not as quickly as you may have hoped to be.

If your spouse is agreeable, the process can be quite smooth and only require some signatures from both parties, with their respective legal teams handling most of the aspects of the divorce on behalf of their clients. A Court hearing is usually not required; the parties will assemble and file a Final Decree of Divorce packet with the clerk of the Court of jurisdiction for a Judge to review.

However, if one of the parties does not agree to participate in the proceedings, more work will be required on behalf of the party seeking the divorce, known as the Plaintiff. They will likely require a formal Court hearing in front of a Judge to be divorced, rather than be able to file a divorce packet as aforementioned. The party who does not initiate the divorce is referred to as the Defendant. While the Defendant cannot deny the Plaintiff a divorce, there are ways they can delay the process.

While some individuals accomplish their divorce without legal representation, if you know that your spouse will do everything they can to hinder the process, the wisest choice is to retain an attorney to assist you, as you are highly likely to end up in a formal Court hearing to finalize your divorce. When going to Court before a Judge for your case to be heard, you must have performed everything required of you, otherwise the Judge may not be able to finalize the divorce the day of the hearing. If the process is not executed properly, the Defendant could find ammunition to delay the proceedings even longer, which not only extends the process, but can cause the Plaintiff to bear additional fees. When working with an experienced attorney such as Michelle Hopkins, you can confidently step into the process knowing that everything required was completed, making the process smoother and as efficient as possible.

When your spouse does not agree to the divorce, they may ignore attempts to contact them and refuse to participate in the proceedings required to finalize the process. This requires more work from the Plaintiff and their legal team, which can mean higher legal fees. This may result in litigation being required, which would mean the process takes longer, as you must reserve a date on the Court’s docket and ensure that the Defendant is properly noticed of the same.

Even if your spouse chooses not to show up for the Court date, the divorce can still be finalized without their presence. Again, the assistance of a strong attorney in these situations makes a significant difference.

Schedule A Consultation Today

Just because your spouse does not agree to a divorce, does not mean you are trapped in your marriage. Michelle Hopkins and her legal team are ready to assist you with reclaiming your independence by initiating your divorce. Contact her office at info@mhopkinslaw.com or 571-248-2210 to schedule a consultation today.