Can your spouse tell you they refuse to get divorced?

On Behalf of | Dec 28, 2022 | Divorce |

If you were the one who proposed to your spouse initially, they certainly had the option to tell you that they refused to get married. They could have turned down your proposal. But they didn’t, and the two of you tied the knot.

Now you’ve decided that you would like to get a divorce, and you’ve gone to your spouse and told them what you’d like to do. However, they claim that they don’t want to get divorced, and they refuse to do it. Maybe they even say they won’t let you start the process or that they won’t cooperate. All of this is rather unnerving, and you may be wondering if they have any legal ability to do this.

A divorce can’t be refused

The good news is that they can’t refuse your divorce. It’s just not a legal tool at their disposal. They can either sign the divorce papers and submit them on time, or they can ignore them until they reach a deadline. Once they do, the court no longer needs their response and can issue a default divorce.

If you’re surprised by this, consider the fact that some people are estranged and may not even be able to get their spouse to come back to the state, let alone go to a court case. This allows people to exit marriages that are already over, for all intents and purposes, without the cooperation of the other party. But it can also be used if that person simply refuses to cooperate, even though they are in the area and could realistically do so.

That being said, this is likely to be a rather contentious divorce if it’s beginning like this. Make sure you know about all the legal options you have to protect your future.