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If your spouse doesn’t want a divorce, can they stop you?

On Behalf of | Jan 11, 2022 | Divorce

There are many cases where both adults decide that they want to end their marriage and get divorced. They may not be happy with each other, but they’re both at least on the same page that this is the direction they want to take.

However, there are many other cases where one person wants a divorce and the other doesn’t. In some situations, this is because that person holds religious beliefs about marriage and divorce that make them believe they should not end the marriage. In other cases, that spouse believes that the marriage can be fixed and the problems can be overcome, and they think that divorce is just too drastic.

if your spouse really hates the idea of a divorce, can they actually just refuse to grant you one?

You can always seek a divorce

There is no way for your spouse to legally stop you from getting a divorce. They may try to suggest alternatives, such as getting therapy, or they may ask you to reconsider. They’re certainly allowed to do all of this, and they can tell you that they do not want to get a divorce. They can even refuse to cooperate or refuse to sign the papers.

However, even if they won’t sign anything, you can still move forward and get a default divorce. Your spouse cannot stop you from doing so, no matter their reasons. You can always attempt to get a divorce if that’s what you would like.

Of course, a situation where you and your spouse disagree so seriously on the direction your relationship should take may mean that things will get complicated, so it’s especially important to know what legal steps to take.