Can I Refuse To Consent To A Divorce In Loudoun County?

When your spouse decides they want a divorce, it can come as a total shock.  Even if you knew your marriage was in trouble or your spouse was up to no good, you may not be willing to walk away from the relationship just yet. Unfortunately, refusing to consent to a divorce in Loudoun County is not an option, and any lack of cooperation can actually work against you. Our Loudoun County divorce attorneys explain the best way to handle this type of difficult situation.

Reasons You May Not Be Willing To Consent To A Loudoun County Divorce

While there are some couples who are able to recognize problems in their marriage and make a mutual decision to get a divorce, this is not the norm. Often one party wants to end the marriage while the other is more reluctant. This can be for any of the following reasons:

• They still hold out hope the marriage can be saved;
• Getting a divorce is against their religious or moral beliefs;
• Concerns over how a divorce could impact children;
• Wanting to get back at your spouse;
• Wanting to delay their ability to remarry someone else.

Sadness over the ending of your marriage and anger at your spouse’s behavior are among the most common reasons to not want to consent to a divorce. However, under the Virginia Code, refusing to cooperate is not an option.

If you fail to sign divorce-related documents you are served with or fail to appear at hearings, a summary judgment could be issued in your spouse’s favor. This could jeopardize your rights when it comes to child custody, marital property division, and alimony payments.

Contesting Your Loudoun County Divorce

Once your spouse files a divorce petition through the Loudoun County Courts, refusing to sign legal documents or otherwise not cooperating could work against you. The better option is often to file for a contested divorce.

A contested divorce is one in which you dispute the terms outlined in your spouse’s divorce petition, and the hard feelings between the two of you prevent you from reaching mutual agreements. In order to file a contested divorce in Loudoun County, you must be able to allege marital misconduct on the part of your former partner. This includes:

• Adultery;
• Alcoholism, drug abuse, and other addictions;
• Desertion or abandonment;
• Physical or mental cruelty.

Once you file a contested divorce, you can then dispute child custody, marital property division, and other issues surrounding your case. This can achieve the goal of making it more difficult and time-consuming for your spouse to end your marriage but is likely to cost more in the long run.

Discuss Your Options With Our Loudoun County Divorce Attorney

Getting a divorce represents one of the most difficult times in your life. Decisions you make now could impact you for years to come. To discuss your options, request a consultation at Schwartz Kalina, PLLC. Give our Loudoun County family attorney a call or contact us online today.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6/

vacourts.gov/courts/jdr/loudoun/home.html