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If your spouse won’t cooperate, can you still get divorced?

On Behalf of | Aug 18, 2021 | Family Law

There are many cases in which two spouses do not agree on the decision to get divorced. One person wants to end the marriage and the other wants to stay together. They’re not making a joint decision, but the person who doesn’t want to split up usually understands that they cannot stop it and at least cooperates with the process. 

But what if your spouse refuses to do so? What if they won’t talk about it, they won’t sign the papers and they won’t do anything else to move things along? They’re clearly doing this to try to stop that divorce from happening. Will that work, or can you still get a divorce? 

A default divorce may be needed

You do not have to worry that you’re trapped in the marriage. You do not need your spouse to cooperate to get a divorce. You can do it on your own. 

The court will give your spouse time to respond to the divorce petition and change their stance on things. If they refuse, though, the court can rule in your favor and grant you a default divorce

To your benefit, this means that your spouse is not in court to fight over assets or demand more time with the children. The terms you ask for are likely the ones you are going to get. The biggest drawback is that a default divorce can take longer, but all your spouse can really do is drag out the process — not prevent it. 

In a complicated divorce like this one, though, make sure you are well aware of exactly what legal steps to take to protect your future.