Can Spouse Stop A Divorce? | LawInfo

My Spouse Said They Won't Let Me Divorce Them By John Devendorf, Esq. | Reviewed by Andrew Leonatti Last updated August 22, 2024

Key Takeaways

• You can file for divorce even if your spouse doesn’t want to separate.
• The legal requirements to file for divorce depend on state law, but all states allow no-fault divorce.
• If the court thinks there is a chance of reconciliation, they can order marriage counseling.

In this article

What Is No-Fault Divorce?

How Can You File for Divorce If Your Spouse Doesn’t Want To?

What Are Possible Defenses To Stopping a Fault Divorce?

Can You Keep a Divorce Going When Your Spouse Resists?

How Can You Convince Your Spouse To Agree to a Divorce?

Do You Need a Divorce Lawyer?

All states have no-fault divorce options. With no-fault divorce laws, there is nothing your spouse can do to legally stop a divorce. Either spouse can initiate divorce proceedings. You can file for and obtain a divorce decree from the court. Your spouse can make the process difficult for you, but they can’t stop it.

A spouse can delay the divorce and make the process difficult, but the divorce court will eventually grant it. It is generally accepted that forcing someone to stay married when they want out is a bad policy. For legal advice about getting a divorce, even if your spouse doesn’t want one, contact an experienced divorce attorney.

What Is No-Fault Divorce?

No-fault divorce means that you don’t need a specific reason to file for divorce. You can get a divorce if there are “irreconcilable differences.” Either spouse can file divorce papers without having to blame the divorce on someone’s actions.

Historically, there were only certain reasons why a married couple could file for divorce. This included reasons like infidelity, cruelty, or imprisonment. However, all states now allow some form of no-fault divorce.

How Can You File for Divorce If Your Spouse Doesn’t Want To?

The filing requirements for getting a divorce depend on the state where you live. Generally, there are residency requirements for a divorce. You can file for divorce where you reside or where your spouse resides. Some states have a waiting period, where the spouses have to live separately for a certain amount of time before the court finalizes the divorce.

If the court thinks there is a change of reconciliation, the court can order marriage counseling. A few states even require a marriage counselor before obtaining a divorce. In a contested divorce, many courts require couples to work with a divorce mediator to decide how to divide property and make a child custody agreement.

Your divorce lawyer or local county courthouse can explain the requirements for filing for divorce. Your lawyer can also give you legal advice about how to handle a divorce when your spouse refuses.

What Are the Reasons for a Fault Divorce?

Some states still have at-fault divorce provisions. Some common fault grounds for divorce include:

• Emotional or physical abuse
• Substance abuse problems
• Infidelity
• Abandonment
• Imprisonment

The reasons for seeking a fault divorce vary. One spouse may want to punish the other or get revenge. Fault divorces can take less time because there is no required separation time before filing. Another reason for a fault-based divorce is that one spouse might be hoping to get more money and property by proving the other spouse is at fault.

What Are Possible Defenses To Stopping a Fault Divorce?

If your spouse is filing for a fault divorce, you can challenge the filing or ask the court to change it to a no-fault divorce. The defenses associated with fault divorces are complicated. Fault divorce laws vary by state. Not all states allow all defenses, but the most common fault divorce defenses are:

• Connivance: Proving one spouse baited the other into doing something wrong
• Condonation: Proving one spouse knew about the behavior, accepted it, but later filed for divorce
• Recrimination: Proving both spouses are guilty of the same bad behavior
• Provocation: Proving one spouse provoked the other to commit bad or immoral behavior

If you and your ex point fingers at each other, the court can determine who is less at fault. These defenses are the most common but are not commonly used. Fault cases involve gathering evidence, witnesses, time, money, and a lot of effort to prove one side of the story. In the end, a judge will likely still grant a divorce.

Can You Keep a Divorce Going When Your Spouse Resists?

Your ex can try many things to stop a divorce. In the end, it will likely cost them time and money, and you will still end up with a divorce. However, a reluctant spouse can make it difficult and more expensive because they want to punish you by threatening the following:

• Taking custody of the children
• Taking all the money to leave you broke
• Contesting everything during the divorce process

In a contested divorce, the divorce judge will determine property division, child custody, alimony, and child support.

How Can You Convince Your Spouse To Agree to a Divorce?

A divorce can be simpler, faster, and less expensive if you and your ex can come to an amicable agreement on your own. This includes property division, child custody, and visitation. You won’t have to leave it up to the court to decide.

If your spouse is fighting a divorce, you could try discernment counseling. This can help you decide whether to stay together or get a divorce. However, if your spouse refuses and you want to move on, you can file for divorce without your spouse’s consent.

Do You Need a Divorce Lawyer?

A family law attorney can be a valuable asset in a difficult divorce. They can explain your legal options and help you move forward with your life. Your divorce lawyer is a key person in keeping the divorce progressing despite your spouse’s attempts to delay the legal process. If necessary, your attorney can often handle all communications so you don’t have to deal directly with your ex.

Thinking About Divorce?

Experienced divorce lawyers in our directory are here to guide you through the process, protect your interests, and help you get a fresh start.

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