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Should I get my Spouse’s Consent before Filing for Divorce?

If you intend to file for a divorce on the grounds of two-year separation with consent then there is no need to obtain documentation that proves that your spouse consents to the divorce before you start the process of ending your marriage. The courts will, however, send your spouse both a copy of your divorce petition and a blank copy of a form known as a D10 (Acknowledgment of Service) which they will be required to complete and return to the court. It is within this form that your spouse will be provided with the opportunity to either consent to or contest your divorce. Therefore, whilst it may not be necessary to obtain formal documentation to prove that your spouse consents to a divorce before you file your documents with the court, it is almost certainly advisable that you contact your spouse and check that they would agree to the divorce before proceeding. Even if you’re confident that they will agree, it is still advisable that you discuss this with them beforehand as, firstly, this will ensure that they are aware of the fact that you are proceeding and that they will soon receive documents from the court and, secondly, will prevent you from feeling overly stressed or anxious as you will know that their consent had been obtained. Additionally, it would be beneficial to discuss the exact wording that you will use in your divorce petition and agree on this. Doing so will, again, provide you with peace of mind and will also make it significantly less likely that you will need to file an amended petition at a later date. As needing to do this will slow down the process and also make it more expensive, it is understandable that this is best avoided. We at Quickie Divorce understand the temptation to simply proceed and file for a divorce without speaking to your spouse first, but with just a short conversation, you can make the process easier, cheaper and, above all else, significantly less stressful. To find out more about how to get a quick, affordable divorce visit quickie-divorce.com.

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