How can I get a divorce if my spouse is not willing?


Divorce is a sensitive yet complex decision to take. It can destroy a family structure and help you get out of an environment you don’t want to live in. But in some cases, you might want to come out of a marriage, but your spouse doesn’t agree with the decision. Nowadays, in most states, it doesn’t require both parties to mutually agree to the divorce, and you can file a divorce lawsuit even if only you agree to the decision. The divorce process in such cases will be more difficult than when both parties agree to the divorce. If you are facing such complexity in your divorce process, you can contact the Salt Lake City divorce attorney to help you get through the process.

If your spouse is willing to mutually agree to divorce, the divorce process can be simple, but when your spouse doesn’t agree to the divorce, you can also file a divorce.

  1. File the divorce in court formally after filing some important paperwork with the help of your lawyer.
  2. Request the court for a summons to deliver the formal notice of divorce to your spouse
  3. Wait for your spouse to file their divorce. If the grounds for your divorce are valid, your spouse won’t deny the divorce.
  4. If your spouse doesn’t file their divorce, the court generally gives a default decision for divorce, and your spouse will be informed about the divorce.
  5. Your spouse can turn up in court to discuss specific legal terms like child custody and property divisions.
  6. The court will grant you your preferred property rights and child custody if your spouse doesn’t show up.

If you have a strong ground for your divorce lawsuit, you will be legally divorced, whether your spouse agrees or not. The best thing to do if your spouse isn’t ready for divorce is to step away from them and live separately. Once you have lived separately for 18 months, you can put forward a no-fault divorce. But if you don’t feel safe around your partner anymore and want to get out of your marriage, you can file an at-fault divorce on certain grounds like:

  • Sexual abuse 
  • Adultery
  • Mental and physical abuse
  • Substance abuse
  • Criminal records 

You must contact a divorce attorney who knows the law well and will help you file all documents and guide you well to get your divorce without the consent of your spouse.