When people file for divorce, they likely expect conflict with a spouse. They recognize that disagreements about property division, parental rights and other important divorce terms are common.
They may also worry about their spouse fighting the divorce itself. Some people want to stay married for convenience, for financial reasons or due to their religious or cultural beliefs. They may object to any attempt to end the marriage.
Do people who want to file for divorce need to worry about a spouse preventing the courts from granting their divorce?
Only one spouse must want the divorce
For a marriage to be legal and valid, both spouses must consent to their new relationship status of their own free will. For the marriage to continue, spouses must provide constant ongoing consent.
If either spouse wishes to end the marriage through divorce, the other cannot compel them to stay married. Ignoring a divorce petition or otherwise trying to prevent the courts from moving forward with a divorce does not actually end the divorce process. The spouse petitioning for divorce can move the process ahead through default proceedings if the responding spouse refuses to acknowledge their service with paperwork or respond to the divorce petition.
The spouse seeking the divorce can petition the courts to move the process ahead if the responding spouse does not submit any paperwork within 20 days of their legal service with initial paperwork. While divorce through mutual agreement is often the simplest option, it is not a realistic path forward in every situation.
Discussing one’s desire to divorce with a family law attorney can help those concerned about their spouse’s reaction understand their rights. With appropriate legal support, people can successfully divorce, even without the cooperation of a spouse.