Getting a divorce can be really stressful, especially if you and your spouse are not on great terms. Even if you want to get divorced, it might be difficult to find the courage to discuss it with your spouse. A lot of people feel guilty about ending their marriage and feel like they’re abandoning their spouse when they file for divorce. However, it doesn’t mean that you no longer love them or care about them as a person. Whether you and your spouse are friends with benefits, boyfriend-girlfriend, or just roommates living together, there will come a time when one of the two of you will have to tell the other that you want a divorce. This can be more frightening than anything else because, in order for you to get divorced, there must be grounds for doing so. In this blog post, we will go through some common reasons why couples get divorced and how you can end your marriage without alerting your spouse or getting into trouble with the law.
Can I Get A Divorce Without My Spouse Knowing?
Yes, you can get a divorce without your spouse knowing. However, it is not advisable to do so. If you want to get a divorce without your spouse knowing, you should be prepared to face some serious legal consequences. If they find out that you are getting a divorce, they will most likely file for an annulment and petition the court for child support and child custody.
How To Get A Divorce Without Your Spouse Knowing?
- You can file for a divorce without your spouse knowing.
- You can get a divorce without your spouse knowing by filing an annulment.
- You can get a divorce without your spouse knowing by petitioning the court for child support and child custody.
- You can get a divorce without your spouse knowing by getting a restraining order.
- You can get a divorce without your spouse knowing by calling the police and filing for a restraining order.
- You can get a divorce without your spouse knowing by filing for an Order of Protection (OOP).
- You can get a divorce without your spouse knowing by petitioning the court for an OOP.
- You can get a divorce without your spouse knowing by filing for legal separation or separate maintenance (separate support).
What Are The Steps Involved In Getting A Divorce Without Your Spouse Knowing?
- First, you should decide whether you will file for a divorce or an annulment.
- If you are filing for a divorce, you should gather the following documents:
- a) Your Marriage Certificate. This is a document that shows that your marriage has been finalized and has the legal authority to be filed in a court of law.
- b) Your Divorce Certificate of Proof. This is a document that will show the court that your marriage has been dissolved and that it is legally binding on both of you. It also contains other information such as the date of filing, names of the parties involved in the case and their addresses, and other important information about your case.
- c) Your Divorce Decree (or Decree Absolute). This is a document that contains all the terms and conditions imposed by the court upon one spouse in order to end their marriage. The decree also contains information such as when it was filed, who signed it, what grounds were cited to get married or not to get married (such as adultery), what date they were married by, and what date they applied for divorce (if applicable) when they separated from each other (if applicable), whose obligation it is to pay alimony and child support (if applicable), when alimony ends (if applicable), whose obligation it is to provide child custody if any children are involved in the case), etc.
- Nowadays, most people prefer to get an annulment instead of getting divorced. An annulment means that the marriage is declared null and void. This means that it never happened, the documents used to prove the marriage are fake, and the marriage was never finalized.
- The next thing you need to do is file a complaint about annulment with your provincial or city civil registry office (notary). You will have to pay an application fee which usually ranges from P1,000 – to P5,000.
- After filing your complaint about annulment, you should wait for about a month before you visit your court of law for hearing purposes (this is called “proper service”). You can visit the court of law in person or through a lawyer or friend who can represent you in court. If you would like to go in person, then it’s best if you bring along one piece of identification such as a driver’s license or passport so that they could see who you are when you arrive at the courthouse.
- Once at the courthouse, bring all of your documents with you including:
- a) Your Divorce Certificate of Proof b) Your Marriage Certificate c) Your Divorce Decree d) Your divorce papers e) A copy of your divorce papers f) A photocopy of your Marriage Certificate g) Two witnesses who will attest to where and on what day (or night) did these events take place h) An affidavit from one witness stating his/her personal knowledge I) Two affidavits from witnesses stating that they saw you get married in the presence of your parents or guardians j) Your Divorce Decree signed by your spouse k) Your Marriage Certificate signed by your spouse l) The affidavit of one witness stating that you have been living together for at least 2 years m) Your Divorce Decree signed by the provincial or city civil registry office where you got married n) A letter from your family doctor stating that he/she has examined you o) An affidavit from one witness stating what happened after you got married p) The affidavit of one witness who witnessed the annulment proceedings q) Two affidavits from witnesses stating what they know about the case r) Two affidavits from witnesses who saw the marriage certificate being signed (if applicable).
- If your case is approved, then the court will give you a copy of a divorce decree. You will also be required to pay a fine amounting to P1,000 – P5,000 which is usually based on how much alimony and child support you will be ordered to pay.
- After all of this has been done, it’s best if you should wait for about two months before applying for a new passport. If there are no issues with getting a new passport, then it’s best if we wait for at least 6 months before contacting anyone in regards to getting married again so that you can make sure everything is okay with your divorce papers.
The 5 Stages Of Getting A Divorce Without Your Spouse Knowing
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- 1. File A Complaint With The Court
- 2. File An Answer And Counterclaim To Your Spouse’s Request For A Legal Separation
- 3. File A Motion For Temporary Custody Of Your Child(ren) With The Court
- 4. File A Motion For Temporary Support Of Your Child(ren) With The Court
- 5. Get Married And Have A Divorce Finalized
5 Ways To Get A Divorce Without Your Spouse’s Knowledge
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- 1. Get A Divorce Attorney
- 2. Get A Lawyer To Draft Your Divorce Agreement
- 3. File For Divorce Alone And Without Court Hearings
- 4. File For Divorce In Another State And Have The Divorce Finalized In That State
- 5. Get Married And Have Your Marriage Finalized
What Are The Risks Involved With Getting A Divorce Without Your Spouse Knowing?
- 1. You Can Lose Your Children And Your Spouse Will Have Nothing To Do With It
- 2. You Can Lose All Or Most Of Your Property
- 3. You Can Lose All Or Most Of Your Income
- 4. You Can Lose All Or Most Of Your Retirement Savings
- 5. You Can Lose All Or Most Of Your Life Savings
- 6. You Can Lose The Right To Make Decisions For Yourself And For Others
- 7. You Cannot Divorce If The Marriage Is Still Valid In The Courts Of Law
- 8. You Cannot Divorce If There Are Children From A Previous Marriage Who Are Legally Entitled To Be Protected By The Custody Order And Who Will Be Left Without Any Custody Rights At All In Case One Parent Takes Them Away From Another Parent
Bottom Line:
If you have children, then you need to understand that you are always dealing with the possibility of losing them. The only way to make sure that your children will be protected is to file for a divorce without your spouse knowing. This means that you are filing for a divorce in another state where there is no marriage or divorce recognition.
