Some divorces are mutual. Spouses recognize that they have grown apart over the years and that they can no longer continue living together. They may be able to work with one another to set terms for all of the major issues that arise during divorce. Other times, spouses may have different opinions about the state of their marriage. While there may have been challenges recently, one spouse may hope to work on the relationship and remain married.
Do those who choose to file for divorce need to worry about their spouses denying them a divorce?
Only one spouse needs to request the divorce
Marriage requires the consent of both spouses. Either spouse could eventually revoke that consent due to a variety of issues. The discovery of infidelity or hidden substance abuse disorders could lead to divorce proceedings. Spouses may also choose to divorce because they have grown apart over the years.
While uncontested, cooperative divorce is the fastest and often most affordable option for spouses, divorce is possible with only the input and involvement of one spouse. The spouse who files for divorce must serve the other with paperwork.
The non-filing spouse has 20 days to file a response in family court in most cases. They can counter the proposed terms, but they generally cannot refuse to divorce.
If they fail to respond, then the filing spouse can ask the courts to proceed with a default judgment. Refusing to participate in the divorce process does not prevent a divorce. If anything, it may lead to terms that actually benefit the filing spouse.
Understanding the laws that govern divorce proceedings can help people take control of their lives and plan for the future. Even when one spouse wants to remain married, the other spouse can choose to end their marital relationship.