You’ve probably heard horror stories about people whose spouses “refused” to grant them a divorce. While that has happened in the past, it’s not that simple today.
Thanks to changes in the laws over time, the reality is that no one can prevent you from getting a divorce – even your spouse. All they can do is make the process a little more difficult and time-consuming than necessary.
The divorce will happen, whether your spouse agrees to it or not
The vast majority of divorces are accomplished by mutual consent – but your divorce can still be granted even without your spouse’s consent or participation if you allege that the marriage is irretrievably broken and you have been living “separate and apart” from your spouse for at least one year. This can be accomplished even if you are living in the same home, as long as you have untangled your life from your spouse’s and are essentially acting like roommates.
You also have the option of filing for a “fault-based” divorce, if certain conditions apply. You can go this route if you can prove that your spouse:
- Deserted you without reason for a year or longer
- Committed adultery (and you have not accepted them back since)
- Endangered your safety or well-being through cruel or abusive treatment
- Is guilty of bigamy (still being married to another when they married you)
- Has created living conditions that are simply intolerable
- Has been confined for 18 months to a mental institution and unlikely to leave within the next 18 months
- Has been convicted of a crime and sentenced to two or more years in prison
Some of these options have the advantage of allowing you to skip the one-year separation period.
If your spouse is refusing to see reason and trying to preserve the marriage despite your express wishes, it may be time to seek more information about your divorce options.