How To Get Divorced with An Uncooperative Ex

Jun 15, 2021 | Article

How To Get Divorced with An Uncooperative Ex

There are a million and one reasons why you might want to leave your partner and no longer be married to them, but only one thing is certain: it isn’t always easy when your ex is anything but cooperative. While there can also be many reasons for this – and some of which may well be justified – at the end of the day, if you have a legitimate reason for wanting a divorce, you should be able to go ahead and apply for one, irrespective of your ex-partners attitude.

What can make divorce proceedings easier when your ex isn’t willing to cooperate?

An uncooperative ex simply adds to the strain of an already stressful situation. Even if you feel relieved to finally be taking steps towards leaving your partner when they make life difficult for you or refuse to cooperate with divorce proceedings in any way, it can sometimes be too much to bear, and it all feels like too much effort. For victims of abusive relationships, they often feel they have no option but to abandon the divorce and return to their abuser, which is a sad and shocking scenario.

Thankfully, there is one way to help make divorce proceedings smoother, and provided you can satisfy the criteria for wanting to end the marriage in your petition, a divorce solicitor can help you get your divorce no matter how the ex is behaving or what they are saying. Below are the five situations that legally constitute grounds for divorce:

  • Desertion
  • Adultery
  • Unreasonable behavior
  • 2 years separation with consent
  • 5 years separation without consent

While it’s true that an uncooperative partner can make divorce proceedings a little lengthier and costlier, with the right help, you’ll get what you want and need, and can begin focusing on the future.

How does the divorce process work?

The process begins with the serving of the divorce papers or petition, and the recipient has 14 days in which to respond.

  • Once your ex has received the divorce petition, they must respond to it within 14 days by completing and returning the acknowledgment of service form, to the court.

If your ex isn’t cooperating, the following takes place:

  • The petitioning party can arrange for the papers to be served personally to their ex, and they will receive a further 14 days in which to respond.

Should your ex have gone off the radar and is unable to be located, you can apply for deemed service:

  • Deemed service can be applied for by providing a statement of service from the process server or court bailiff to prove that the service took place. This should be enough to keep the courts happy, after which you can apply for the decree nisi, and following on from that, 6 weeks and a day after, a decree absolute; this legally ends the marriage.

Ultimately, it’s important to remember that divorce is absolutely achievable no matter how uncooperative your partner may be and that with professional, legal assistance from a divorce solicitor, you could soon be free to move on with your life.

 

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