When you go through a divorce, a simple question always comes to your mind: do both partners have to agree to divorce? You must have a piece of complete knowledge of these things. In this situation, hiring a legal representative is a good option. A Birmingham divorce attorney can guide their clients through this process. In this blog, you will learn that both partners must agree to divorce.
In terms of divorce, first, you should understand that both partners don’t need to agree to divorce. In addition, there are different types of divorce regarding consent. However, you must know the reasons behind a one-sided divorce. Generally, there are two types of divorce: contested and uncontested.
Uncontested divorce
An uncontested divorce is a simple process to get a legal separation; both parties should set up a meeting with their respective lawyers, and with a mindset of ending their marriage, they agree upon all the negotiations regarding the division of assets, spousal support, child custody, and child support.
This method is very convenient for both parties. It does not require any court fees and dates to wait for hearings. After the negotiation and settlement, the couple can file their settlement agreement with the court, and if the judge finds the agreement fair and reasonable, then the divorce procedure can proceed without any trial.
Contested divorce
A contested divorce works inversely in comparison to an uncontested divorce. In this procedure, consent from both parties is essential. However, due to disagreement from one of the partners, the complexities of the divorce increased and led to a court process.
On the contrary, you and your partner will have to present in the courtroom along with your legal representatives, and this will lead to negotiations and conflicts. In the end, the judge will make a decision, and both parties will have to agree upon it. Sometimes, a couple applies for a mediation method to process their legal separation without any trial, but it will still require the consent of both parties.
No-fault divorce
A no-fault divorce is another way to process a divorce without your partner’s consent. In this divorce, you do not have to prove anyone’s fault or wrongdoing. You just have to file a no-fault divorce, and it does not require your partner’s signature either.
However, in some jurisdictions, the judge takes some time to proceed with the divorce process, so the couple goes with the mediation or arbitration method to discuss and negotiate about the division of assets, spousal support, child custody, and child support.
Contact your divorce lawyer today!
If you do not have any knowledge about the divorce process or you have doubts about your partner’s consent, consider making an appointment with your divorce lawyer to discuss further.
