Can my spouse refuse to get a divorce?

Sometimes I have people come into the office and they tell me that they want a divorce, but their spouse refuses. Sometimes it is because of religious beliefs and sometimes just because they like things the way they are. Or sometimes it is because the other spouse doesn’t want to share any of the marital assets. And sometimes it is because the other parent thinks that staying together until the children are out of the house will be better for the children.

Whatever the reason, this is one version of a contested divorce.

In the past, one spouse could refuse to get a divorce, but that is no longer the case. If one spouse wants a divorce, it will happen…eventually. But it won’t necessarily happen quickly or inexpensively.

I’ve often seen a divorce take over 4 years to be completed and include numerous court hearings and very large attorney bills.

If you want to get a divorce, and your spouse refuses, you really need to have an attorney. This is not a case you can handle on your own.

If you have questions about this, or any other legal subject, please feel free to contact the office at 757-234-4650 to schedule a consultation with an attorney.

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