Can I Divorce My Spouse Without Their Consent?

It is undisputed that going through a divorce can be a lengthy and exhausting process. This process is exacerbated when a spouse is uncooperative or cannot be found. While this may complicate the matter, but there’s good news: you will still be able to get a divorce.

Upon personally serving the Summons and Complaint on your spouse, he or she is required to respond within 20 days. Should your spouse fail to respond, he or she will be in default and the divorce may still be processed through an inquest hearing.

In the event you and your spouse have been living separate and apart, and you are completely unaware of their whereabouts (where they live, where they work, who they socialize with) it is possible to obtain a divorce through publication after following the court’s orders and requirements. The court will require that you exercise due diligence in trying to locate your spouse (reaching out to friends and family, finding them through social media, etc.). Ultimately, if you are still unable to locate your spouse, and the court finds that you have taken every possible measure to locate him or her, then you will be required to publicize your divorce notice in the newspaper.

Many things can delay your divorce, but eventually the marriage can be legally terminated.