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Does your spouse have the legal ability to deny a divorce?

On Behalf of | Jan 8, 2022 | Family Law

Your spouse has always maintained that marriage is supposed to be for life and that they will never get divorced. They believe that it should not be done under any circumstances.

You do not share this belief, however, and you would like to get a divorce from your spouse. When you tell them that you’re going to file for divorce, they ignore it and tell you that it doesn’t matter because they’re never going to let you do it. They say that they’ll just deny it and you won’t be able to get divorced without their permission. Does this mean you have no other options?

Your spouse does not determine your eligibility for divorce

No matter what your spouse personally believes about marriage and divorce, they have no legal ability to decide whether or not you can get one. This is impossible. They cannot stop you from filing for divorce, and they cannot stop the court from granting that divorce.

Say they decide to continue to ignore the proceedings, acting as if you’re not trying to split up even though you have filed the divorce papers and asked them to sign. In a case like that, the court may decide that there’s no option but to issue an order in your favor, granting a default divorce.

So, even if your spouse won’t cooperate or tells you that they’re going to deny it, you do have the ability to end your marriage. Everyone has this legal right. Just make sure you know what steps to take because there’s a good chance that this is going to be very complicated.