Can your spouse stop your divorce?

On Behalf of | Apr 17, 2024 | Divorce |

In many instances, couples agree that they should get divorced. They may try counseling or a separation first. But in the end, they know that it’s time to get divorced and they move forward to do so together.

But there are other situations in which one person wants a divorce and the other does not. You may be considering filing, but your spouse may be opposed. Is it possible for them to stop the divorce just because they do not want to allow the marriage to end?

No-fault divorce laws

There is good news. Thanks to no-fault divorce laws, you don’t have to prove that your spouse did anything to cause the divorce. You can cite irreconcilable differences in your marriage and claim that there’s no solution. The court isn’t going to deny your divorce petition just because you don’t have justification, like proof that your partner had an affair. Under modern divorce laws, individuals are allowed to seek a divorce simply because they want to.

A default divorce 

Your spouse may be uncooperative, trying to end the divorce simply by refusing to sign the paperwork, ignoring the divorce petition or skipping court hearings. If they do so, you may have to wait for certain deadlines to pass, so this can delay when you get divorced. But it doesn’t prevent it, because the court can eventually order a default divorce, even if your spouse never shows up for a single hearing.

That said, an uncooperative spouse can make your divorce more complicated. Take the time to carefully look into your legal options.