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Can your spouse block a divorce?

On Behalf of | May 27, 2022 | divorce

You want to get a divorce and your spouse doesn’t. They’ve said that they won’t agree to it and that they’re going to block your motion for a divorce if you try to go to court. They say that, since you’re asking the court for divorce, they’ll just convince the judge to deny that request. 

You can already tell that your divorce is going to be fairly contentious, but you’re probably wondering if your spouse is right. Can they simply convince the court to tell you that you’re not allowed to get a divorce? Is there any way for them to block this process?

No one can stop you from filing for a divorce

Under no-fault divorce laws, you always have an option to claim that your marriage has broken down and that you need to end it. Your spouse cannot stop you from doing so, and they’re not going to convince the court to deny your request. The court process doesn’t revolve around deciding if you need a divorce or not. It’s simply a process to help you recognize your legal rights as you split up things like your marital assets or custody of the children.

If your spouse is completely uncooperative, perhaps even refusing to go to court as an effort to stop the divorce from going through, the court can then use a default divorce. In other words, no matter what your spouse does or does not do, you can always seek the divorce that you want.

Of course, that doesn’t mean that the situation is going to be easy if your spouse is so combative and resistant to the idea of divorce. That’s why it’s important to understand all of your legal options at this time. 

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