What my rights are to seek a divorce after a 6 month separation and a spouse who refuses to talk to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What my rights are to seek a divorce after a 6 month separation and a spouse who refuses to talk to me?
My husband and I have been separated for 6 months and he refuses to see me or talk to me about anything, including a divorce.
Asked on September 17, 2011 under Family Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, MN does not require a separation before divorce, just that 1 of the parties be a resident for 180 prior to filing.
The fact is that, you do not need your spouse's consent to obtain a "dissolution of marriage" ( i.e. divorce). You can obtain what s known as a "divorce by default". The way ot works is this, if you start the divorce process and serve you spouse notice of the divorce, he'll have 30 days to respond to the petition. If he fails to respond he will be in "default". This means that the he will have forfeited the opportunity to participate in the divorce process. The court can enter the decree without hearing his side of the story.
Note: However, a defaulting spouse can approach the court later for relief and any issues (the parenting schedule for minor children, the comprehensive disclosure of all debts, etc.) cannot be fully addressed without both parties particiapation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.