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You don’t need your spouse’s cooperation to get divorced

On Behalf of | Dec 1, 2022 | Divorce

If you have a combative and uncooperative spouse, it’s natural that this relationship can make you want to get a divorce. Maybe you feel like your spouse is always disagreeing with you and turning every little thing into a fight, for instance. This can be stressful, and you don’t want to live like that any longer.

At the same time, though, you may be worried that your spouse is not going to cooperate with the divorce process itself. If they won’t cooperate during your marriage, why would they do it when you ask for a divorce? You could worry that they will refuse to sign the divorce papers or skip necessary court appearances. How is this going to affect you?

Your spouse can delay the divorce

If your spouse does this, they may succeed in making your divorce take longer. For instance, they have a set amount of time to respond to the divorce petition. If they do not respond, that doesn’t mean you can’t get divorced, but you may have to give them time before the case progresses.

That being said, the divorce court can eventually move forward, even without your spouse’s cooperation. Once your spouse passes the deadline to respond, you do not have to keep waiting for that signature. A default divorce can eventually be granted by the court, which generally works in your favor because you get to set the terms.

Your legal options

Even if your spouse never responds and never comes to court, it’s impossible for them to prevent you from getting a divorce. That said, they can make it more complicated. Make sure you know about the legal options at your disposal.

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