Attorneys Of Beckman Schmalzle Georgelas & Ross

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Can your spouse refuse to allow a divorce?

On Behalf of | Oct 7, 2022 | Divorce

Marriage papers had to be signed when you and your spouse tied the knot. You both had to do this and you had witnesses who watched to ensure that you were both doing it of your own free will. In short, marriage is definitely something that has to be entered into voluntarily by both parties, and they both need to agree to it.

If you’re thinking about divorce, you may be assuming that the same process has to happen in reverse. Both you and your spouse have to agree to get divorced and sign the proper papers.

But this is concerning because you may be worried that your spouse is going to refuse to allow the divorce. They don’t want to get divorced, so can they simply ignore the divorce petition, refuse to sign the papers or take other steps to make it impossible for you?

You can still get divorced

This may have worked in some cases in the past, when divorce laws were very different. But changes have made it easy for anyone to get a divorce, regardless of what their spouse desires.

One thing that helps is that you don’t need to find fault for the divorce. You can just cite irreconcilable differences and file for divorce on those grounds.

Furthermore, if your spouse does ignore the divorce petition and won’t cooperate, they are not necessarily needed. After they miss enough deadlines, the court can issue a default divorce in your favor.

Of course, the fact that your spouse is refusing to cooperate does mean this may get complicated. Always make sure you understand your legal options.