What happens if my spouse does not consent to the divorce?

What happens if your spouse does not consent to the divorce depends on the unique situation. Because of this, we recommend giving our Family Law Team a call.

The main factor is whether there are children involved.

1. Sole divorce (no kids) – If there are no children involved, you will not need to go to Court. We will need to file an ‘Affidavit of Service’ with the Court. To do this, we arrange for a process server to serve the divorce application on your spouse (in person). Once served, your spouse will sign an ‘Acknowledgement of Service’, which is a personal acknowledgement that he/she is aware of the pending divorce. There will be additional charges associated with us engaging a process server. If your spouse refuses to sign the application as a joint applicant our fixed-fee online divorce service will not apply. We can still represent you however as a sole applicant.
2. Sole divorce (with kids) – If there are children involved, you will have to go to Court, in which case there will be increased fees involved and our fixed-fee online divorce service will not apply. Contact our Family Law Team for further information.