What Happens if My Spouse Doesn’t Agree to the Divorce?

The process of going through a divorce can prove extremely challenging on multiple levels, including being both emotionally and psychologically taxing. That stress can be compounded if your spouse does not agree to the divorce or refuses to respond to the divorce petition you have filed.

Just because a spouse objects to the divorce does not prevent the other party from proceeding with the action. An attorney can review your case and advise you on the best next steps to reach the most favorable resolution to your divorce proceedings.

The Different Types of Divorce

There are a few types of divorce, each of which can involve a slightly different process depending on the facts and circumstances involved. When both spouses agree to the divorce and the general terms involved, it is an uncontested divorce. If a party contests one or more terms of the divorce or does not agree to the divorce at all, it becomes a contested divorce.

Separate from contested or uncontested divorces is fault vs. no-fault divorce. While evidence of fault used to be required to file for divorce, every state in the U.S. now recognizes no-fault divorce. Common examples of grounds for no-fault divorce are the irreconcilable differences between the two parties or the irretrievable breakdown of a marriage.

In states that permit fault-based divorce, multiple potential grounds can be used to support these allegations. Common allegations at the center of fault-based divorces include cruelty, abandonment, and adultery.

Regardless of the type of divorce, someone wants to file for, if they serve their spouse with divorce papers or attempt to do so with no response, there are legal options. An attorney can identify the most effective strategy for a specific situation when one spouse does not agree to the divorce.

What Happens When a Spouse Refuses to Agree to the Divorce

Even if one spouse does not agree to the divorce, that spouse cannot force the other person to stay married to them. While divorce proceedings certainly run more smoothly when the divorce is uncontested, the reality is that contested divorces happen all the time.

A contested divorce could take multiple forms. For example, maybe the other spouse flat-out refuses to sign the divorce papers, or the spouse evades the process server trying to deliver the divorce papers to them.

Contested divorces tend to take longer, especially when there are multiple complex matters at issue, such as wide-ranging marital assets or custody disputes. However, if one party serves divorce papers and the other spouse refuses to sign them or does not answer in the required amount of time, the divorce can still proceed.

Usually, this means the petitioning party’s attorney would request a hearing, present evidence to the judge, and ask for a default divorce judgment. The judge can then evaluate the proposed terms of the divorce and decide on the final decree. If the other spouse cannot be located to be served with divorce papers and all legitimate means to serve them have been exhausted, the court may proceed with the case and issue a final divorce decree.

Work With a Skilled Divorce Attorney Today

Just because your spouse does not agree to the divorce does not automatically mean you will be subjected to lengthy, contentious court proceedings. It may be possible to reach an agreement with your spouse outside of this environment, such as through mediation.

Whether you need to go to court to resolve the case or want to explore various methods of dispute resolution, you need a competent attorney representing your interests from the earliest stages of your case. Contact Capital Family & Divorce Law Group of Price Benowitz LLP today and ask for a case consultation.