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Can one spouse refuse the divorce?

On Behalf of | Dec 19, 2023 | Family Law |

Facing an impending divorce can leave you uncertain about your options. As you get ready to serve your spouse with the papers, you may find yourself wondering if they can deny you that freedom.

There are several things that you should know about the possibility of preventing a divorce.

Is mutual consent required?

Mutual consent divorce, also known as an uncontested divorce, provides the most straightforward path to dissolution. In many jurisdictions, spouses can agree that the marriage is irretrievably broken and file a no-fault divorce. In these cases, neither party has to prove wrongdoing.

When should you consider a contested divorce?

If one spouse resists the divorce, it creates a more complex situation. In a contested divorce, disagreements often arise about the division of assets, custody or spousal support. Although the resistant spouse cannot completely prevent the divorce, they can delay the process and require court appearances.

Can you choose mediation instead?

Mediation might help you resolve your case if both spouses agree to end the marriage. However, when one spouse resists the divorce, mediation may not prove as successful. The foundation of mediation depends on both parties working together to reach a mutual agreement. You might find that you need to pursue a traditional divorce instead when both of you cannot agree.

Nearly 690,000 couples divorced in 2021. The more you understand about the divorce process, the easier it is to prepare for any potential delays on your path. While your spouse cannot completely prevent the divorce, they can complicate things and delay the process.

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