Your spouse has always been opposed to divorce. Perhaps there are religious or cultural reasons. Maybe it’s just a personal standpoint that they hold, as they know they do not want to end the marriage.
Even so, you’ve decided that getting divorced is the only real path forward. There are irreconcilable differences in your relationship, and you want to move on. Is it possible for your spouse to prevent the divorce from happening?
It doesn’t take both people
No, your spouse can’t prevent the divorce. For one thing, you don’t need their permission to move forward with the process. You can simply serve them the divorce petition, and that tells them that you’re planning to end the relationship. Their role isn’t to agree or disagree, but simply to work with you as you do things like splitting up marital property or dividing custody of your children.
You may be concerned that your spouse is not going to respond to the divorce petition. Maybe they’re just going to ignore the paperwork and refuse to sign it. They may think that this prevents you from getting the divorce because you need their cooperation.
But you do not. In reality, you can just seek a default divorce. Your spouse has to be given time to respond, but failure to do so allows the court to move forward without them.
A contentious divorce
Even though you can still get divorced, it may be a high-conflict split if your spouse is so fundamentally opposed. Make sure you understand all of your legal rights and the options you have.
