Is One-Sided Divorce Possible?
Wanting out of a torturous relationship without seeking confirmation or approval from a partner is a possibility.
Being in a relationship that borders on unhappiness, and the misery is not a relationship, from any point of view. Moreover, when a person wants out of the marriage because her/his partner does not bring anything positive to the table, what is the point of trying to make it work. The question, therefore, arises whether a divorce can be one-sided and is done in secret, or not. Here are some thoughts and the legalities, to set the tone.
Abuse in All Its Forms
A spouse can most definitely file for divorce without letting her/his partner know. If, for instance, you are in a relationship with an abusive spouse, and the only way to get out is in secret, you cannot help it, you may have to go this way.
Once you have sought legal counsel, the next thing to do is get the evidence to back you up, and once everything is in place, file for divorce. This can be done without the knowledge of the spouse, but once it is finalized you can break free, legally.
A Cruel Partner
When you want a divorce, without the consent of your spouse, the law permits that you can obtain a divorce. The reasons may vary based on many factors - cruelty is definitely on the cards. Many women and men find themselves scared and scarred after being in a cruel environment. Living with this on a daily basis because you have taken your vows may seem the appropriate way. But when it comes to your peace of mind and the ability to lead the life that you were meant to, why should one stay put with a cruel partner? The courts will certainly agree.
Contesting by the Other Side
There is another side to the question of whether a divorce can be one-sided. The opposite party may contest the mandate citing that s/he was sidelined. That can be taken up by the court and the judge will decide based on the merits of the case. An absconding spouse is a reason for an ex-parte decree. The grounds need to be proven in court to take it to the next level, probably under advisement.
Change of Mind
At times the partner may refuse to sign the papers that are sent across, which states that the divorce is not kept on hold but is considered ‘contested’. The point is that both parties (when filing it in ‘secret’) do not need to be present for the proceedings to continue. If you are the one who has filed for dissolution of marriage, you can stop if you have changed your mind. The person on the other side cannot stop the process, once s/he gets wind of the situation.
Being in a relationship where you are forced into is not a relationship at all. In fact, chances of being unhappy, not cared for, treated with disdain, used as a sex slave are many reasons why and reasons for divorce. Seek the expertise of a qualified lawyer and free yourself from the clutter of marriage, not at all made in heaven. The courts, once they have taken into account all the evidence will provide the injured party with a divorce.
Opting for a divorce is not always easy, but when you feel that the relationship is going sideways, with no let-up in view, there is no other choice but to break free. The answer is - yes a divorce can be one-sided, consent from both sides is not a necessity, in most states of the US.