Wielding your autonomy forms a crucial aspect of any relationship, especially a marriage. This brings to question, the process of wading through the murky waters of a divorce.
Spouses who wish to challenge a divorce case and refuse to sign the papers reserve every right to do the same. However, it becomes important to consider the aftermath of such a refusal.
Can you get a divorce if your spouse doesn’t want to?
Unlike an uncontested divorce, this procedure will shed delve deeper into the intricacies of your marriage, to assess the presence of any irreconcilable differences or fault grounds.
The divorce process in case of disagreement can often be quite tedious, which means that you will have to hire an experienced divorce attorney to safely reach the shore.
How long does a divorce take if one party doesn’t agree?
A legal separation that takes place in good faith can take up to 6 months for the completion of divorce proceedings. This can extend, in case of child custody, property division, or other such considerations.
In case of a contested divorce the timeline of the court proceedings can go up to three to five years, more so in case of a convoluted case.
For most couples, child support plays a pivotal role in determining the time period of a divorce trial, since the legal process for the same is quite complex.
The only way to truly shorten the timeline for a divorce, is through a default divorce, where the other party fails to produce a response to the divorce petition.
Needless to say, that if you wish to contest a divorce, then you must prepare for quite the uphill battle. One that may last for years altogether.
What happens if you don’t agree to a divorce?
Refusal to go through with a divorce brings about an endless stream of court proceedings, which means that you will need to arm yourself with strong legal advice.
If you wish to pursue mediation/ counselling or even believing in fighting for your marriage, then a legal battle is the only way to avoid a separation agreement.
How do you deal with divorce when you don’t want one?
During this contested divorce proceeding, the grounds of divorce, your children, property, requirement for spousal support, etc. will all be factored in to reach an understanding.
So, once you express refusal to pursue a divorce, you will be issued a divorce petition by a process servers, following which, a long court hearing will ensue.
Can my husband divorce me without me knowing?
While there have been cases where partners find themselves blindsided by a divorce, the good news is that a divorce decree cannot be issued without your knowledge.
Regardless of whether there is a presence of spouse’s consent, the proceedings require both parties to be present during the hearing.
This means that you can be rest assured about not having the rug swept from under your feet. That being said, refusal to acknowledge or be present for the hearing may have negative repercussions.
If you wish to pursue an amicable proceeding, then it serves best to keep all channels of communication open.
Can a judge deny a divorce and issue marriage counselling?
The short answer, is yes, a judge can deny a divorce and issue marriage counselling, since there exists some precedent here.
That being said, no judge wishes to stand in the way of partners who no longer wish to be with each other. This largely narrows down the room for marriage counselling.
Couples who wish to mediate during the court trial can opt for marriage counselling before a divorce, to ascertain the level of discord between them.
However, the probability of being denied divorce and receiving a ruling for marriage counselling is quite low. This generally happens in case of inconsistency in documentation.
What if husband doesn’t agree to divorce?
If your husband is refusing to give into the terms of the divorce, then there are ample legal procedures for you to pursue on your own.
By serving your husband with a divorce petition, a trial can be initiated, whereby the grounds for divorce are established.
Regardless of his refusal, the court will only consider concrete evidence, upon finding which, you may or may not be granted default judgement.
Can I divorce my husband if he doesn’t want to?
The steps you can follow to file for divorce despite your husband’s refusal are:
- Draft the divorce petition. Opting for free consultation if you are facing financial constraints is the best way forward.
- Submit the petition for consideration of the court.
- The next step will be to set a date, and notice of the same will be sent to your spouse.
- Once the reply has been received, the court may either decide upon mediation or a trial.
- Legal proceedings will follow, after which a decision will be made.
Do you have to agree to a divorce?
No, you are not under any compulsion to agree to a divorce if you do not wish to do so. You may refrain from consenting to the petition, however, you must be willing to fight for the same.
If protecting the sanctity of your marital relationship is your priority, then you can contest the terms of the divorce.
This leads to a court hearing, where the judge will verify the grounds. Following the service of process, you can hire a law practitioner and defend your stance on the same.
Here are some things to keep in mind while fighting for your marriage –
Do I have to sign divorce papers if I don’t want to?
Yes, you may choose to not sign the divorce papers if that is what you wish to do, but the outcome of such a scenario can be subjective.
Refusing to respond to the divorce petition may be detrimental to your own case, since it works in the favor of the spouse who has filed for the divorce.
If you are withholding your signature on the divorce papers after going through the entire court proceeding, then your partner may file for a default judgement. In this case the divorce takes effect without the spouse’s signature.
What happens if your spouse won’t sign divorce papers in Texas?
The waiting period for any divorce proceeding in Texas lasts for 60 days. If your spouse refuses to give in beyond this time period, then here are some avenues to consider:
- Default divorce – In case you do not receive any acknowledgement on your divorce petition, your attorney can file for a default divorce, where the marriage is dissolved by the court.
- Court trial – A court trial can often last for more than a full year, but despite its tediousness, it becomes necessary in case your spouse refuses to sign the divorce papers.
- Mediation – The first step towards an amicable settlement of a contested divorce, is by pursuing mediation, where dialogue and reconciliation serve as the basis.
FAQ relating to can you refuse a divorce
Wading through a contested divorce often brings to light numerous questions. One of the most important questions is whether you can refuse a divorce.
General information dictates that yes, you can indeed refuse a divorce. Partners are under no obligation to agree to terminate their marriage. However, you must be prepared to go to court.
What happens when one spouse doesn’t want a divorce UK?
The avenues to pursue in case one spouse does not wish to get a divorce in the UK are:
- Consider marriage counselling, to search for any room for reconciliation.
- Annulment can be a helpful alternative for those who wish to steer clear of the ordeal of getting a divorce.
- Spouses who wish to opt for an option keeping in mind the best interest of their partner, can also apply for a separation.
What if I don’t want a divorce?
- Express your stance clearly in court, appealing to a little bit of both, logic and emotion.
- Hire a lawyer with an in-depth knowledge of the sections of new jersey law (if you reside there) that talk about divorce.
- Seek mediation and counselling as much as possible.
- Respect your partner’s decision despite your differences, and provide them with ample space to consider your opinion.
How long can you refuse a divorce UK?
If you wish to refuse acknowledgement of the divorce petition, then you have up to 28 days to either choose to defend or accept the terms of the divorce.
In case of refusal to sign the terminating papers, spouses are provided with the option to file for a ‘decree absolute’ after 26 weeks. Following this, consent of the defender ceases to take effect, extending to a custody order as well.
What if you want a divorce but your spouse doesn’t?
If your spouse fails to cooperate with your divorce petition, then you can file a court order. After this, they will have to contest the fault grounds (if any) in a trial.
In case of utter disregard for your petition, you may file for a default judgement in a circuit court as well. This generally initiates a long legal battle, where evidence is thoroughly considered and grounds are established.
For a more cordial proceeding, you may consider effective communication, mediation or even alternative paths such as a separation and marriage counselling.