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Standing Strong for Your Rights

My spouse doesn’t want a divorce: Can I still get one?

On Behalf of | Jun 29, 2022 | Divorce

There are cases when one spouse wants to get a divorce and the other doesn’t. Perhaps you recently brought it up to your spouse and they told you that they didn’t even want to consider it.

There are, of course, situations where you may want to try something else. Maybe your spouse wants to go through a trial separation first. Maybe they’d like to try couples therapy. These are all options that you do have.

But what if your spouse still doesn’t want to get a divorce, even though you’ve exhausted all of your other options? Can you still go forward with this process?

You can still get a divorce

There is good news, in the sense that you can always get a divorce. The court can give you a default divorce even if your spouse refuses to go to court or sign the paperwork.

But maybe it’s not that drastic, and your spouse isn’t going to refuse to do all of those things. In that case, you can definitely get a divorce even if it’s against their wishes. The court isn’t interested in finding out what both of you want. They simply are going to help you divide things like your assets or your custody time with your kids. But the fact that your spouse doesn’t want to get divorced isn’t going to mean that they won’t grant you that divorce.

What it may mean is that the divorce itself grows to be very contentious. That’s why it’s so important for you to understand all of the legal options you have at this time.