While the best-case scenario is that the two spouses will mutually negotiate a divorce agreement, you have options if the other spouse simply refuses to talk about a divorce. The law does not bind you to the marriage forever if that is not your wish. For various reasons, some people just will not agree to a divorce.
What happens if one spouse doesn’t want a divorce?
If your spouse won’t engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won’t participate. … Eventually, though, the judge will grant you a divorce by default. All of this will take time and cost money.
Can I refuse to accept a divorce?
Refusing to sign divorce papers within the 30-day window in California will result in a default divorce. A default divorce means the petitioner does not need to go to court to complete the dissolution of the marriage. Instead, the petitioner can handle the case by mail or a short meeting with a judge.
Can you force a divorce if the other person refuses?
Generally, if the other spouse refuses to sign the initial divorce papers, the person seeking the process can still file the divorce and proceed with the initial petition which does not require signatures from both parties.
Can you get divorced if one party doesn’t want to?
You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.
What can I do if my wife refuses to divorce?
Request to enter a default judgement
If your spouse decides to ignore your petition to get divorced, you can ask your divorce attorney to request that the court enter a default judgement. What this means is that you can have the court pass your petition after a certain period.
How long can a spouse drag out a divorce?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
What if I dont want a divorce?
If you don’t want a divorce but your spouse does, you should consider suggesting counseling or a trial separation. … If your spouse is committed to divorce and not interested in exploring alternatives, your husband or wife can file for divorce even if you do not want to end the marriage.
Can my wife divorce me without my consent?
You Do Not Need Your Spouse’s Consent to Obtain a Divorce
You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.
How long do you need to be separated before divorce?
If you are divorcing on the grounds of separation, then you and your spouse will need to have been separated for at least two years if you both agree to the divorce, and at least five years if you don’t.