Does divorce take 2 people?

| Aug 20, 2020 | Divorce

A marriage, by its very definition, requires two people to agree on what they want for the future. Though many people do not think about marriage from a legal perspective, you even have to sign a marriage contract to tie the knot. But what about divorce?

Most of the time, of course, divorce naturally involves two people. They may mutually agree that they want to end their marriage, or one may decide to get divorced and serve the other with divorce papers. Then they both go to court — or begin mediation — to decide what should happen with their assets, debts, child custody situations and all the rest.

However, divorce is possible with just one person. For instance, maybe you do not want a divorce and you refuse to respond to the paperwork — or your spouse does. That does not stop the divorce. It can delay it, but the court can eventually determine that the other person is not going to respond and settle on a default divorce in favor of the spouse who filed. This ruling just means that the marriage has been dissolved regardless of what the other person desired.

There are some benefits and disadvantages here. Most of the disadvantages are to the spouse who refused to respond, as they now have no say in how assets or custody gets divided — among other such issues.

Again, most divorce cases do not get to this point, but it is important to know that you can get divorced regardless of what your spouse wants. You just need to know what legal steps to take.