The Law Offices of Christine G. DeBernardis

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Divorce Without Consent: Can I divorce without my spouse’s consent?

A very common question is whether you can get divorce without consent.  Of course! The old adage that you need your spouse to “give you a divorce” is no longer. You can proceed with a divorce even if the other party does not want to divorce. You don’t need a spouse’s permission or consent. Nobody, even the Court, can force you to stay married if you don’t want to be married.

All that said, your spouse can make things more difficult during the divorce proceeding if he or she doesn’t want it to happen. I have seen cases where the non-cooperative spouse causes delays by not responding to pleadings, not attending hearings, not complying with Orders, etc. All in an attempt to hold onto the marriage for as long as possible, steps are taken to delay the divorce, making an already difficult matter even worse.

In situations like these, you are best advised to adhere strictly to the Court Rules and Orders and take every step to be sure that your spouse does the same. This may require Motions to Compel or Complaints for Contempt. Though it could be difficult to take a hard approach with a spouse, it is necessary to ensure that the process moves forward and the matter is resolved expeditiously.

If you are stuck in this kind of situation, contact us to help guide you along the way and push the case to completion.

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