If the spouse does not want to grant a divorce, what should we do? In this article we will explain how to divorce in case of opposition of one of the spouses. Often before getting a divorce, there are numerous disputes.
Sometimes the spouses manage to reach an agreement and proceed to a consensual separation. Other times the latter are unable to find a common way, and resort to judicial divorce through the courtrooms. In this case it may happen that one of the two spouses does not want to grant the divorce https://fleetwoodfamilylaw.ca/separation-agreements/
In this delicate circumstance, contacting a divorce lawyer is essential, in order to avoid disputes and better protect the offspring. For this reason, we at Avvocato360 provide you with a list of all the expert lawyers in separations and divorces on the portal which can then be filtered by city to allow users to always find the best divorce lawyer for any legal need.
If the spouse does not want to grant a divorce: how to behave
The answer is simple, you will need to go to court and ask the judge for judicial separation. In other words, it will be necessary to sue the spouse if the latter does not want to grant the divorce.
To request a judicial divorce , the spouse must have the assistance of a lawyer, in order to be able to explain to the Judge the reasons for his request and the possible charge of responsibility of the dissenting for the end of the marriage. (betrayal, abandonment of the marital home, etc.). Furthermore, you will have to prove that the statements made are true, through means of evidence.
Subsequently, the procedural document will be served on the spouse, who objected, through the judicial officer of the Court. The law provides that the notification of the procedural document takes place the same, even in the event of unavailability of the notified subject.
So if the spouse does not want to grant the divorce, nothing happens. In other words, to proceed, all that is needed is for one of the two present to make the request. In fact, when marital communion has become intolerable and cannot be maintained, the dissolution of marriage can be obtained even without the consent of both spouses.