Can A Divorce Be Granted Without Consent?

By Gerald A. Maggio, Esq.

divorce mediation attorney Orange County; California Divorce MediatorsEarlier, there were many circumstances when both the spouses needed to agree for divorcing each other. There were demerits in this system since the divorce used to get delayed or became a complicated process. However, there are many people that still believe the same conditions prevail even today.

In reality this is not the case.  It is possible to get divorced even when your spouse does not agree to divorce you. Contrary to the common myth a divorce is no longer stalled or delayed when consent is not given by one of the spouses.

A marriage can be considered to have collapsed when one of the partners desires to go through with a divorce despite the other spouse not giving his or her consent to it. So, what are those specific scenarios that enable a spouse to do so? The spouse needs to establish that the marriage has broken down by providing evidence of mental or physical cruelty or adultery against the other spouse.

When such a scenario prevails, the spouse who desires to get divorced can begin proceedings with or without the consent of the other party. If such an act can be proved by a spouse, a court can hear the plea of the plaintiff and grant him or her divorce. But when you have applied for the divorce and are the party responsible for being cruel to your spouse or having committed the adultery yourself, and are responsible for the marriage breakdown, it is required by the court to live separately for one year minimum before you can apply for your divorce. The reason for doing so is that your own mistakes cannot be used as the cause for your divorce.

It could also be possible that you are unaware of your partner or spouse’s whereabouts, but can still apply for a divorce and obtain it.

But before doing so, you need to demonstrate that you have tried to the best of your abilities to find your spouse or partner. When you could not find your spouse, it is possible for you to ask the judge to issue a substituted service order. This court order means you are told what should be done by you to make sure that the missing partner gets to know that you are applying for a divorce, But a judge would only allow you to go ahead with the divorce provided he or she is satisfied that all possible efforts have been by made by you to track your spouse.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation