Helping You Find Practical Solutions In Divorce & Co-Parenting
Helping You Find Practical Solutions In Divorce & Co-Parenting

Can your spouse stop you from getting divorced?

On Behalf of | Jun 27, 2023 | Divorce

If you ask for a divorce and your spouse doesn’t want to end the marriage, they can certainly try to talk you out of it. They may even suggest that you do something like going to marriage counseling or couples therapy. Many couples will consider divorce and then find ways to keep the marriage intact.

But you may be wondering if it’s possible for your spouse to simply prevent the divorce from occurring. Maybe they are very controlling and even narcissistic. That’s part of why you want to leave the relationship. But any time that you bring up a potential divorce, they tell you that they won’t let you get a divorce. Would this be possible? 

A default divorce can always be granted

In short, no, this isn’t possible. No-fault divorce laws mean that no one has to prove the other person was at fault or was the cause of a divorce any longer. Since there’s no burden of proof, you can always ask for a divorce if you want to be out of a relationship. No one should feel like they are trapped in their marriage with no way to end it. 

That said, your spouse may decide that they won’t cooperate with the process, perhaps ignoring the paperwork or failing to show up for court appearances. They think you can’t get divorced without them. But the court can always just give you a default divorce ruling after all of the appropriate deadlines have been passed. In other words, even if your spouse refuses to cooperate at all, you can still end the marriage on your own terms.

Of course, if your situation is this contentious, it may become complicated. It’s important to understand all of the legal options you have at your disposal.