How to Get a Divorce When Your Spouse Is Trying to Prevent It


In many cases, divorce is desired by both spouses, but that’s not always the situation. Sometimes one spouse is eager to get out of the marriage, while the other is trying to prevent it. If you’ve found yourself at the end of a divorce that the other spouse is trying to stop, you might feel frustrated and overwhelmed. Is there anything you can do to continue with the divorce if your spouse doesn’t want it to happen?

Slowing the Process

Fortunately, when one spouse desires a divorce, it can typically happen, even if the other spouse is trying to prevent it. The stubborn spouse could definitely slow the process. He or she could refuse to sign papers. He or she could refuse to respond to the request. There’s also the chance he or she will hide from the person serving divorce papers so the process can’t begin at all. In most of these situations, the judge will see right through the tactics and the divorce will eventually be granted.

An Uncontested Divorce Arrangement

When two spouses have an uncontested divorce, it means they have each filed the proper paperwork and agree on everything in the documents. This means they have settled on spousal support, child support and dividing assets. Some spouses feel this is the best way to go about a divorce. If one spouse refuses to sign the final divorce documents, or fails to make it to court, some courts will default to an uncontested divorce arrangement. In such a case, you may be given the divorce arrangement you desire in your petition, without worrying about the other spouse making changes.

A Default Divorce

Most states require the other spouse to respond within 30 days of being served the divorce papers. If that does not happen, or if your spouse is hiding from the server and can’t be served at all, you could request a default divorce. The judge would only have your paperwork to go off of, so whatever you have in the divorce petition would be the information the judge would use to make the ruling. Your spouse wouldn’t have a say in the outcome because he or she chose not to respond to begin with.

Getting the Support You Need During a Divorce

You’ll probably need a lot of emotional support during your divorce, but you should have legal support as well. Contact a family lawyer, such as from May Law, LLP, today to learn more about getting a divorce when your spouse is being difficult.