The process of divorce can often be complicated and emotional. Understanding how this works, especially in difficult situations, is essential. Divorce and family law experts in Scarborough often encounter one such challenging scenario: what happens if a spouse evades the service of divorce papers?
In a nutshell, divorce papers are the official documents that signal the start of a divorce proceeding. But what if one person doesn’t want to be part of the process and tries to avoid it? This article aims to clarify the consequences of such a situation.
Consequences of Evading Service of Divorce Papers by My Spouse
Your Divorce Process May Be Delayed
Firstly, if your partner avoids being served divorce papers, this could delay your divorce process. The law requires that your spouse be officially informed about the divorce proceedings. The court cannot proceed with the divorce if they are not served. You may have to wait longer to finalize your divorce.
You May Need to Spend More on Legal Proceedings
Evading the service of divorce papers can lead to additional expenses. When a partner does not accept divorce papers, you might need to hire a professional server or investigator. These additional efforts to ensure your spouse is served can lead to extra costs, making your divorce more expensive.
The Court Can Make a Default Judgment
When a spouse avoids the papers, the law can make a ‘default judgment’. The court may decide on the divorce and its terms without the other person’s input. However, this requires proof that the spouse was aware of the divorce proceedings and intentionally avoided them.
Your Spouse Could Face Legal Consequences
Avoiding the service of divorce papers is not without potential legal consequences. If the court determines that your spouse intentionally evades the papers, they may face penalties. The exact repercussions can vary, but they might include fines or other sanctions the court imposes.
Your Divorce Might Still Happen, Even If Your Spouse Avoids Service
Ultimately, your divorce can still occur even if your partner avoids being served. After making all reasonable efforts to serve the papers, the court can allow you to proceed with the divorce. It can occur via substituted service or publication, which are alternatives to traditional service methods.
The Emotional Impact of Spousal Evasion May be Significant
It’s also important to consider the emotional effects of a spouse evading service of divorce papers. This act can escalate tensions, causing additional stress during an emotionally taxing period. Both parties may feel the strain, leading to a more complex process. Expert guidance and emotional support during this time can be invaluable.
In Conclusion, Knowledge is Power
Knowing what happens if your husband or wife avoids getting divorce papers is essential. Remember, this can lead to delays, extra money spent, court decisions made without them, legal punishments, and other ways of delivering the papers. It might seem complicated, but the expert team at Scarborough’s Divorce and family law is here to help. You don’t have to deal with this on your own. Get in touch for professional legal advice and feel safe during these challenging times.