Is it illegal to divorce your husband without him knowing, even if you have kids together?

Just sick of the past 5 years of just straight up abuse. We argued for 8 whole hours last night, I am fucking done. I’m done with the threats. I’m done with the narcissism and the constant gas lighting. I’m done with the false accusations and assumptions. I’m done being disrespected on all counts. I’m just done. And he’s going to make divorce extremely difficult on purpose, even saying because I don’t want to be with him, that means he gets full custody of the kids.😂 he needs to be in a mental asylum.

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So sorry to hear this. I think it really depends where you live. In Canada you don’t need spousal consent to divorce

@Taline I’m in the state of Georgia (USA)

Talk to a lawyer, you can usually pay 100 bucks or so to get a consultation and you can ask stuff like this. Some even have free consultations. Pretty sure you have to legally serve the other parent, and custody is a whole other battle. You absolutely can not just secretly get full custody otherwise we’d all be doing it. It most likely will be 50/50 but Georgia might still be a mom loving state I’m not sure. Where I live in Oregon it is automatic 50/50 unless you can prove abuse.

You can start the process but they will be informed regardless. Not to mention based on where you live if they have no fault/consent, custody, and splitting of assets.

If you report the abuse you can most likely get witness protection during the divorce process. In North Carolina we have something called Haven it's for women in your situation. There are rules to it but they can help you get out of this kind of situation

This sounds exactly like my ex. Said he had loads of money and would pay the lawyers to get him full custody and I’d never get to see my kids again. I collected evidence (photo, video, audio, etc anything you ca. get!) and took him to court. Cost me about 7k over almost 2 years but I got majority custody (he gets every other weekend) and he can kiss my ass. But no, while they don’t have to agree to a divorce….they still have to be served papers and know of the divorce process happening sadly lol

It won’t be a binding legal matter without proper service in any jurisdiction so once filed, he has to be notified or an affidavit of reasonable diligence must be filed by a process server and the mandatory attempts vary by jurisdiction. Defaults can also be later withdrawn (set aside is the legal term). But you do not need to notify him prior to filing if that is your question. If it is contested that’s when things get very case specific.

You can file without him knowing but he is gonna find out