What If I Want a Divorce but My Spouse Doesn’t?

How to Handle Divorce if Your Spouse Says No

Deciding to end your marriage is never easy. It’s even more complicated when your spouse disagrees with the idea. You might feel stuck, unsure whether you can move forward without their cooperation. Rest assured that Utah law does not require both spouses to consent. One spouse filing for divorce is sufficient to begin the process.

Can I Get a Divorce if My Spouse Refuses?

Yes, you can. In Utah, there’s no legal way for a spouse to block a divorce if the other person wants one. Even if you’re seeking a divorce against your spouse’s will, the court allows the case to move forward.

This is possible because Utah is a no-fault divorce state, meaning you don’t need to prove wrongdoing. Simply declare that there are irreconcilable differences, and the process will begin whether your spouse is on board or not. Of course, a disgruntled spouse may delay things or make the process more difficult, but they can’t halt the divorce entirely.

Starting the Divorce Process

The first step is to file a petition for divorce with the court. Next, your spouse must be formally notified. This step, known as “serving” the divorce papers, ensures they’re aware of the case. The court requires confirmation that your spouse received the documents to prevent claims that they were never informed.

What Happens After Your Spouse Is Served?

Your spouse has a limited window to respond. If they live in Utah, they have 21 days. If they live out of state, they have 30 days.

Responses generally fall into one of three categories:

• No response: They do nothing within the deadline.
• Agreement: They accept the terms or agree to work toward a settlement.
• Contest the divorce: They file a response disputing your requests.

The Mandatory Waiting Period in Utah

Utah law includes a mandatory waiting period before a divorce can be finalized. The period is 30 days from the date the petition is filed, regardless of where your spouse lives.

The purpose of waiting is to allow both parties to consider their decision and resolve any outstanding issues. It applies even in situations involving divorce without the spouse’s consent.

This waiting period may create anxiety, especially if you’re unsure how your spouse will react. Knowing your divorce options when a spouse refuses to cooperate makes it easier to focus on what might come next.

What If Your Spouse Doesn’t Respond?

If your spouse refuses to engage in the process, you can request a default judgment. This means the court may grant the divorce based on the terms you outlined in your petition.

To request a default judgment, first notify the court that your spouse did not respond. Then, submit your proposal regarding property division, child custody, spousal support, and related terms.

A judge will review your request to ensure the terms are fair. If everything meets the court’s standards, the judge will approve it and allow your divorce to proceed.

What If Your Spouse Refuses or Contests the Divorce?

A contested divorce is when your spouse disagrees with one or more of the terms you’ve proposed. Disagreements might involve dividing assets and debts, structuring parenting time, or handling child support.

When this happens, the court often requires mediation. This gives both sides a chance to work through disputes and reach a resolution outside of court. If you can’t come to an agreement, the case may proceed to trial, where a judge makes the final decisions.

Pursuing a divorce against your spouse’s will is more complex, but it moves forward nonetheless. The court can sort through disagreements and reach a fair outcome when both sides don’t see eye to eye.

Additional Considerations

A resistant spouse can make an already emotional process that much harder. Here’s how to stay organized and informed:

• Collect financial records, note important dates, and keep copies of communication with your spouse.
• Meet deadlines and attend all required hearings or mediation sessions.
• Keep your attention on what matters most, especially when children or high-value assets are involved.
• Contact an attorney to explore divorce options when your spouse refuses to cooperate.

Move Forward with Guidance You Can Trust

Legal counsel is always recommended when getting divorced, but it’s especially valuable in disputed cases. A knowledgeable divorce attorney answers questions, provides direction, and protects your rights when the other party is uncooperative.

If you’re facing a divorce against your spouse’s will or are still exploring your options, Murphy & Murphy Law is here to help. We have more than 25 years of experience guiding individuals through situations like these. Our well-respected team understands the emotional weight of divorce and works to ease your burden every step of the way. Request a free consultation at our Kaysville, UT, office today to begin the divorce process.