Puja Sachdev | August 10, 2024 | Divorce
Sometimes, in a relationship, communication may break down so completely that one spouse files for divorce without telling the other. If you’re currently going through divorce proceedings, you can take some comfort in knowing you’re not alone. In 2022, the 45 U.S. states that reported this statistic reported a total of 673,989 divorces and annulments.
However, being surprised by divorce papers adds new complications to the process. Whether you have been separated for so long that you’re unsure of your legal marital status or if divorce plans are a complete surprise, there are options for determining if your spouse has filed.
How To Find Out if Your Wife Filed for Divorce
Though the proceedings can be started without your knowledge, a divorce typically can’t happen without your consent. If you believe your spouse is filing without informing you or is trying to avoid prenuptial obligations, try one or more of the following steps to learn the truth.
Ask Her
Even in complicated situations, the simplest solutions are still the best. Before you begin sleuthing, contact your wife and ask her if she’s begun divorce proceedings. Remain calm and resist the urge to engage in an argument. If you don’t believe her answer is an honest one, try any or all of the remaining steps.
Ask Friends and Family
Talk to your wife’s family members and friends to learn if they have any information about a divorce filing. Someone may be willing to share information, and sometimes, you can learn a lot from what people don’t say.
Look At Her Social Media
Unless you’ve been blocked, you can often still view a person’s social media accounts. Look for clues on your wife’s pages and the pages of her closest friends to find clues.
Contact the Courthouse
Getting information from a spouse’s attorney is difficult due to client-attorney confidentiality laws, but divorce records are public. Check both the courthouse in the district where you live and the one where your wife lives if you are not in the same location.
Search Legal Publications
Divorce notices are sometimes posted in local newspapers. Check the legitimate newspapers in the county where your wife currently lives.
Contact an Attorney
If you still suspect your wife has filed for a divorce but can’t confirm it, hire a divorce attorney. An experienced attorney will have the resources and network to clarify the facts. If she has started divorce proceedings, you will need an attorney on your side.
Can She Divorce Me Without My Knowledge?
It is impossible to legally dissolve a marriage without the knowledge and consent of both parties. While one party can begin the proceedings in secret, final divorce papers must be signed to be official. In addition, each spouse receives a notice about a court date and has the option to attend court when the dissolution is legally declared by a judge.
What Comes Next?
Just because you’ve been served with divorce papers doesn’t mean you must accept all the conditions laid out in that decree. California law provides 30 days to respond to a divorce petition. Contacting an experienced divorce attorney will help you navigate the legal requirements and work out agreements like child custody, spousal support, and more.
Being served with divorce papers unexpectedly can upset anyone, even if you’ve been separated for a long time. You may be able to prevent this type of unwelcome surprise by making an effort to communicate with an estranged spouse. When that’s not possible, do what you can within legal boundaries to protect your assets and parental rights.