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Can you deny a divorce?

On Behalf of | May 28, 2021 | Divorce

You want a divorce. Your marriage simply isn’t what you expected. You want to end it and start your life over, and you’ve discussed it briefly with your spouse.


However, they told you in no uncertain terms that they did not want a divorce. Perhaps they were against divorce itself on religious grounds. They told you that they wouldn’t let it happen and wouldn’t agree to it if you filed. Can they do this?


No one has the ability to deny a divorce


Your spouse may think they can deny a divorce, but modern divorce laws make it clear that no one has this ability. It doesn’t matter why they don’t want to allow it. They don’t have the power or authority to do so, and you can proceed with the divorce no matter what they tell you.


If you point this out to them, they may tell you that they’re simply not going to sign the papers. They assume that, like your marriage contract, both of you have to sign them.


While it’s true that things go more smoothly if they sign the divorce papers, they don’t have to. Their refusal will only delay the process. You can still move forward with the divorce in court, and it can be granted as a default divorce, regardless of your spouse’s participation. Ignoring the paperwork is not going to stop the divorce in any way.


Your case may be contentious


Be wary that this could become a contentious divorce process. Your spouse may not cooperate or may actively fight it every step of the way. You need to know exactly what legal steps to take.