Answer: If one spouse wants to get a divorce but the other does not, this means that the marriage has broken down. In which case, the partner who wants to divorce may be able to get the divorce without the consent of the other. … This is because you cannot use your own omissions as the reasons for the 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 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 a spouse be forced to divorce?
The fact is that California is a no-fault state and you do not need your spouse’s signature to get a divorce. … If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days.
Can you be forced to divorce UK?
In the UK, there is, unfortunately, no such thing as an automatic divorce and regardless of the grounds for divorce, a divorce must be processed through the court and granted by a judge. The respondent needs to also be given the opportunity to see the divorce petition.
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.
Can my husband divorce me without me knowing?
Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse’s divorce petition, it will delay the process, but not prevent divorce altogether.
How do you divorce someone who won t leave?
Get a temporary order in family court.
You may be able to physically remove your spouse from the marital home by securing a temporary order from the family court. Depending on where you live, you may have to file a divorce petition first.
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.
Can you say no to divorce?
Someone Cannot Force You to Stay Married to Them
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.
Can you say no to divorce UK?
How can a divorce be refused? According to the Coop, divorces are rarely refused in England and Wales. They can be on the basis that one party in the marriage refuses a divorce, if other conditions are not met. It may be refused if one person says it will cause them grave hardship, like financial difficulties.
Can I divorce my wife without her knowing?
You can divorce your spouse even if you can’t find him/her and even without their participation in the divorce proceeding, so long as a Judge is satisfied that your spouse had notice of the divorce proceeding. When your spouse is M.I.A., notice by publication may be your best option.