Can I Get a Divorce if My Spouse Doesn’t Want One?

man and woman facing away from each other upset

In some cases, wanting a divorce isn’t mutual between spouses. When this happens, can the divorce process move forward if one spouse does not consent to ending the marriage?

The Good News

If you’re concerned that you will be stuck in your marriage until your spouse agrees to get a divorce, here’s some good news. You are not required to stay married even if one spouse wishes to. You can move forward with filing for divorce and it can be finalized without the other party’s consent.

The Bad News

While it’s great that you can carry out your wishes of getting divorced, there’s also some bad news. When one spouse is against the divorce, it makes the entire process more difficult. Because your spouse is an unwilling participant, it likely rules out all collaborative divorce and mediation opportunities.

If your spouse refuses to sign divorce papers or attempt to settle matters outside of court, you will need to go through divorce litigation. You can handle your support agreement, asset division, and child custody during this process. Though your spouse may not be happy, the process can still move forward. Once all matters are settled through litigation, your divorce can be finalized.

Why You Need a Divorce Attorney

Going through a divorce with an uncooperative spouse can be a long, arduous process. Depending on how stubborn your spouse is, they may refuse to show up in court, provide records, and more to complicate your divorce. In these cases, your lawyer can help you obtain everything you need and ensure you’re taking all of the proper steps so the divorce proceedings can continue.

Dallas Divorce Attorneys

If you are ready to proceed with a divorce, with or without your spouse onboard, DebnamRust, P.C. can help you through the process. Give our team a call at (214) 758-8681 to get started on your divorce and get one step closer to a happier future.