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Can one spouse refuse to grant the other a divorce?

On Behalf of | Oct 5, 2024 | Divorce

People contemplating divorce often worry about the technicalities of the process. For example, they may believe that they need evidence of misconduct before they file for divorce. Others may worry that their spouse could oppose the divorce proceedings.

Personal commitments and religious beliefs may make certain people very resistant to the idea of divorce. The spouse seeking to exit the marriage may worry about the opposition of their partner. They may fear filing for divorce, only to be unable to complete the process because their spouse does not cooperate with them.

Is it possible for one spouse to deny the other a divorce by refusing to reach an agreement or ignoring divorce paperwork?

Marriage requires ongoing mutual consent

Both spouses have to agree to get married. Either spouse can withdraw their consent at any point during the relationship by filing for divorce. They cannot compel each other to remain in the marriage.

People may become emotional and upset at the prospect of divorcing, but they cannot prevent the divorce from occurring. If one spouse decides to ignore the paperwork the other serves them, that might lead to a divorce by default scenario. The spouse who filed the initial petition can ask the courts to move forward without the input of the recipient spouse.

The timeline for a divorce by default depends on certain factors including whether both spouses reside in the state and whether they provided service through in-person service or publication. Divorce by default can occur as soon as 20 days after one spouse serves the other or may require up to 60 days of waiting.

When one spouse fails to respond to the divorce petition, they do not prevent the divorce but merely deprive themselves of an opportunity to counter the proposed terms with their own preferred arrangements. Those who expect significant pushback when they propose a divorce may want to learn more about the process and prepare before they arrange to serve their spouses with divorce paperwork.

Learning about the different rules that apply to modern divorce proceedings can help people understand what to expect. A spouse who refuses to cooperate may put themselves at a disadvantage instead of trapping the other spouse in marriage.

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