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Is there any way for your spouse to stop your divorce?

On Behalf of | Feb 1, 2022 | Divorce |

When you determine that you want a divorce, you go to your spouse and tell them about your plan. You just think that you’re letting them know, not asking them if they also want a divorce, but then the conversation takes a turn.

In short, your spouse says that they don’t want to divorce and they’re going to stop you from getting one. They claim that both of you have to agree for the divorce to be approved by the court. If they simply don’t respond to the divorce petition and don’t agree, they say that your divorce will never go through. Is this true?

You can always get a default divorce

At the end of the day, your spouse’s claims are not true at all. They may simply be doing this to try to manipulate you, or they may be unclear on how the laws work. Either way, they are incorrect. You can certainly get a divorce, even if they don’t want one.

In fact, there is a legal system already in place for when a spouse will not respond to a divorce petition and does not allow the process to move forward. The court can give you a default divorce judgment. This essentially just assumes that your spouse agrees to the terms of the divorce that you proposed, since they haven’t countered any of them, and the divorce is ruled in your favor. Your marriage ends, even if your spouse still refuses to acknowledge it.

Of course, going through a divorce like this can be more contentious than a divorce where the two of you are working together. Make sure you are well aware of all the legal options that you have and what steps to take.