Can a Spouse Get a Divorce Without Notifying the Other Spouse?

Some people may want to divorce their husband or wife without telling them. They may be tempted because they recently cheated on their spouse, embarrassed by being the first spouse to raise the topic, or otherwise just plain tired of living with them. Regardless of the reason, the law requires that the other party in a legal proceeding be notified that such legal action is being taken.  

Is It Possible to Get a Divorce Without Letting the Other Spouse Know?  

It is generally not possible to obtain a divorce without notifying the other spouse. In most instances, service of divorce papers on the other spouse is required. However, the delivery of the legal documents is generally not done by the parties. Private companies and the local sheriff may serve legal papers on someone’s behalf. However, spouses should at some actually discuss the details of the divorce proceedings.  

What If a Spouse is Abusive?  

If a spouse is physically abusive, the divorce papers must still be served on him or her. However, the court may also grant a protective order before the divorce is filed. Once the protective order is granted, a sheriff may serve the order as well as the divorce papers.  

Is It Possible to Divorce Someone If They Cannot Be Located?  

The personal service requirement can be waived under certain circumstances. If a party cannot be located, the court may permit service by publication. The lawsuit can be published in a local newspaper and this will suffice as notice to the other spouse.  

However, the court will require multiple attempts at personal service first. This means that the spouse filing for divorce must put forth their best efforts to locate their spouse and serve the divorce papers on them. They will include attempting service on their spouse’s last known residency, attempts to contact friends, family, or employers. It may also be necessary to use internet searches, private detectives, or other means to locate someone.  

The court will only grant service by publication after all attempts to locate the spouse have been exhausted, so it is best to be as thorough as possible.  

Can I Reverse a Divorce If My Spouse Obtains a Divorce without My Knowledge? 

If a legal proceeding is uncontested, the party that initiates the action may obtain a default judgment. A default judgment makes the filing party the prevailing party by “default” since no one came forward to challenge it. However, many courts will set aside the default judgment if a party comes forward to challenge the default. Default judgments must be challenged quickly, lest any further right to challenge the judgment be denied. Additionally, the party challenging the default must have a good reason, such as lack of notice, mistake, or fraud by the one who obtained the default judgment.  

In a divorce proceeding, a spouse may want to vacate the default judgment in order to obtain a better outcome regarding alimony, property distribution, or other division of marital property.  

Do I Need a Lawyer to File a Divorce?  

If you are going through a divorce or are considering filing for divorce, work with a skilled and knowledgeable divorce lawyer who can provide valuable guidance and representation throughout the process. A good divorce lawyer can help you protect your legal rights and interests, negotiate a fair settlement, and ensure that your case is handled efficiently and effectively.