Can your spouse deny your request for a divorce?

Are you ready to file for divorce? Even if you have not encountered any major issues, such as domestic violence or an affair, you may feel like it is time.

Filing for divorce is a big decision and likely something you have put much time and thought into. When you go to your spouse, you may find out they don’t want a divorce. At this point, they may state they will not go along with it and deny your request.

This can be frustrating, but knowing your legal rights in this situation can be helpful.

Filing for divorce is not a request

When you file for divorce, you are not making a request. Your spouse does not have the power or ability to deny or grant a divorce.

You file the divorce petition in court, which lets your spouse know you have begun the process. Even if they do not want to go through with it, they have no power to stop it from happening.

You may worry that if your spouse is against the divorce, they will ignore the steps that must be taken and refuse to sign the required documents. They may also refuse to go to court, believing that if they do not cooperate, the divorce cannot happen.

Even in these situations, you can still get a divorce. The court will let you know what deadlines are in place and ensure your spouse has the legal amount of time to respond to the filing. You must wait for a specified time, even if you know your spouse won’t respond.

Once the time has passed, a default divorce is issued. The court will review your divorce paperwork and, without a response from your spouse, likely grant you all the requests you have made.

Getting a divorce when your spouse doesn’t agree

Divorce is rarely pleasant. It can be complicated and messy. However, knowing your rights and options is important to ensure that you handle the process properly.