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May 28, 2024|Family Law

Do Both Parties Need to be Present When Filing for a Divorce?

divorce paper on a desk with a pen.

Getting divorced is an emotional, legally complicated process. One question couples often have is whether both parties need to be present during the filing. Learn more about the legal requirements and procedures to help alleviate some of the stress during this big life change.

A Closer Look at Filing for Divorce

One spouse typically initiates the process by filing a petition for divorce in the appropriate court. This spouse is known as the petitioner or plaintiff, while the other spouse is the respondent or defendant.

Being the first to file offers some advantages. The petitioner often has more control over the timing and jurisdiction of the case. However, the respondent must be notified that their spouse filed for divorce and be allowed to respond. This way, both parties can present their side of the story.

Do Both Parties Need to Appear in Court?

The answer depends on the type of divorce and specific state laws.

In an uncontested divorce, both parties agree on property division, child custody, support arrangements, and all other terms. In these cases, it’s often possible to finalize the divorce without both parties present. The court may allow the divorce to proceed based on written agreements and affidavits.

A contested divorce works a bit differently. Because the spouses don’t agree on one or more issues, both parties must appear in court for hearings and possibly a trial. The judge will listen to both sides and make decisions based on the evidence presented.

What Happens if Both Parties Filed for Divorce?

It’s possible for both spouses to file for divorce simultaneously, generating two separate cases. When this happens, the court usually consolidates the cases into one. The court then determines which case will proceed based on factors like the timing of the filings and jurisdictions.

How Does Filing for Divorce Work if One Spouse is Uncooperative?

Sometimes, one spouse refuses to cooperate with the divorce proceedings. If the respondent never responds to the divorce petition, the court may grant a default judgment. This allows the divorce to proceed without the unresponsive spouse’s input, provided that proper notification procedures were followed.

There are three main ways to obtain a divorce without the other spouse’s consent:

  • Separation divorce: One spouse can file for a no-fault divorce after living separately for at least one year.
  • Fault-based divorce: This requires proving that the other spouse committed acts like adultery, cruelty, or desertion.
  • Divorce due to mental illness: If one spouse has been in a mental institution for an extended period, the other spouse may file for divorce without consent.

Seek Legal Assistance before Filing for Divorce

Clearly, divorce is a complex process requiring proper legal guidance. Having an experienced divorce attorney can make all the difference in the outcome of your case. At the Law Offices of Robert E. O’Connor, P.C., we understand that every divorce case is unique. With over 25 years of experience, Mr. O’Connor and the rest of our dedicated team will handle your situation professionally and strive for the most favorable results. Contact us at (610) 566-1110 to schedule a free consultation at our office in Media, PA.

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