Last Updated on: 13th October 2023, 08:22 pm

Can I Refuse to Go Through With a Divorce?

Divorce can be an extremely difficult and emotional process. When one spouse decides they want a divorce, the other spouse may not agree and want to stay together. This can lead to the question – can I refuse to go through with a divorce if I don’t want it?The short answer is no, you cannot legally refuse a divorce if your spouse wants one. Even if you do not agree with the divorce or want to stay married, your spouse has the right to file for and complete the divorce process without your consent. However, there are some things you should know if you find yourself in this situation.

Your Spouse Cannot Force You to Stay Married

It is important to understand that no one can force you to stay married if you do not want to be. While it’s ideal for both spouses to mutually agree to divorce terms, you have options under the law even if your spouse refuses. No state will make you stay in an unhappy marriage against your will.Although it may require jumping through some extra hoops, you can still get the divorce you want. It just may take longer or require going to court if your spouse contests the divorce. But the court will grant the divorce as long as proper procedures are followed.

Common Reasons a Spouse May Resist Divorce

There are many reasons why one spouse may resist a divorce, even when the other spouse wants it:

• Fear of change – Divorce is a huge life change and some may want to avoid it out of fear, even if they are unhappy.
• Feeling like a failure – Agreeing to divorce can feel like admitting failure to some. They may worry about judgment from family/friends.
• Financial concerns – Dividing assets and financial responsibilities can be daunting. Some may resist due to money worries.
• Emotional connection – One spouse may still feel strongly emotionally attached and not want to let go of the relationship.
• Religious beliefs – Some faiths discourage divorce, causing spouses to feel divorce goes against their morals.
• Loneliness – The idea of being alone again can be very daunting for some people.

What Happens if Your Spouse Refuses to Sign Divorce Papers

If your spouse refuses to sign the divorce papers, it can feel like the divorce is impossible. However, in most states you can still pursue a divorce even if your spouse does not consent. Here are some steps you can take:

• File a divorce petition on your own and properly serve your spouse.
• If your spouse does not respond within the required timeframe (often 30 days), file for a default judgment.
• Show the court proof your spouse was served but did not respond.
• Once proper waiting periods pass, the court can grant the divorce without your spouse’s cooperation.

This may vary by state, so consult a divorce lawyer to understand the laws and procedures in your jurisdiction. The key is that your spouse cannot veto the divorce by refusing to sign papers.

Contested vs. Uncontested Divorce

When both spouses agree on the divorce terms, it is an uncontested divorce. But when one spouse contests the divorce in any way, it becomes a contested divorce. This happens when your spouse:

• Refuses to sign divorce papers
• Will not negotiate on terms like asset division
• Contests the grounds for divorce

A contested divorce takes longer and can involve going to court for a judge to decide on any disputed divorce terms. But it is still possible to get a divorce over the objections of your spouse.

Should You Seek Legal Separation Instead?

In some states, you may be able to pursue a legal separation instead of divorce. This allows you to live apart without officially divorcing. This option isn’t right for everyone, but may be something to discuss with your lawyer. Legal separations are complex, so get legal advice to understand your options.

Getting Help With a Contested Divorce

Just because your spouse refuses the divorce does not mean you cannot get one. But it can complicate the process and make getting legal advice crucial. Here are some tips:

• Consult a divorce attorney – A lawyer can advise you on laws in your state and the best legal strategies.
• Consider mediation – A neutral third-party mediator may be able to help you and your spouse negotiate agreed terms.
• Be ready for court – If your spouse remains uncooperative, going to court may be necessary to settle the divorce.
• Don’t sacrifice rights – Don’t give up any of your rights just to persuade your spouse to agree to the divorce.
• Stay patient – Contested divorces take time. Don’t let your spouse’s objections discourage you.

With the help of an experienced divorce lawyer, you can get the divorce finalized even without the consent of your spouse. It may take longer and be more difficult, but you still have legal options to end your marriage one way or another. Going through a contested divorce is never easy, but know that you have rights under the law.