Can A Spouse Deny Divorce?

Can A Spouse Deny Divorce?

Yes, your spouse can deny you a divorce, but he/she cannot prevent you from completing the divorce that you want.

To understand the topic better, you need to get a grip on the following dynamics:

Why Do Some Spouses Deny Divorce?

Divorce is a heartbreaking event for most spouses and can be tough to deal with. A spouse who has invested his/her life in the marriage, brought up children, been through thick and thin together with the other spouse, and made sacrifices for the family may feel like he/she is being left in the lurch for no fault of his/her. So, insecurity, anger, revenge, or any other reason, may make such a spouse deny the divorce.

Can I Initiate The Divorce Without My Spouse’s Consent?

Yes, you can. You don’t need your spouse’s consent to initiate the divorce process. Your divorce attorney can trigger the process by filing a divorce complaint/petition on which your spouse’s signature is not required. Typically, the procedure involves your divorce lawyer filing the petition and the forms mandated by the state and then serving these papers to your spouse.

Know, however, that you cannot get a divorce without your spouse’s knowledge.

How Does A Spouse Deny Divorce?

A spouse who wants to deny divorce will typically try his/her best to avoid being served the divorce papers – thereby complicating the case and delaying the inevitable.

This spouse may be under the impression that if the papers are not served, the divorce will automatically be refused. However, this is a misconception and the maximum that such tactics can do is delay the process. This is the only way that a spouse can deny the divorce.

What Should I Do When My Spouse Avoids Being Served With The Papers?

If the papers cannot be served to your spouse by mail or in person, then you need to prove to the courts that the papers cannot be served reasonably.

If the courts get convinced, they are likely to issue an order allowing you to publish the divorce papers in a newspaper, or more likely, to serve the divorce papers by email or social media messenger, and this act will be considered equivalent to physically serving the divorce papers. The published summons gives time to the other spouse to respond (usually up to several weeks depending on the state laws).

If the spouse does not respond to the published summons, you can file a request for default and a proposal for a divorce judgment. If your spouse still does not respond, the courts rule on an ex-parte basis.

What’s An Easy Way Out?

You can consider filing a no-fault divorce petition, which is allowed by all states, wherein you can cite that both spouses have irreconcilable differences, or they are incompatible, because of which the marriage has broken down irretrievably. No other reasons are required to be mentioned.

When your spouse denies you a divorce or avoids receiving the divorce papers, his/her act itself proves that the spouses have irreconcilable differences.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
Brown Family Law
Based on 803 reviews
Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.
Response from the owner: Devin, thank you for the kind words. Andrew appreciated the opportunity to help you with your situation.
Sophie was very helpful and explains the process and fees. Thank you!
Response from the owner: Corey, thank you for the kind words. Glad we could help.
My attorney Amy Pomeroy and assistant Melanie and Dani are awesome! It’s an easy case but due to the opposite party was failed to respond, the process went much longer than we expect. During the process Amy gets the necessary job done as quick as she can. The assistants made the most documentation jobs done in a reasonable time. I will get phone call or message to communicate for the status, what’s the next step, what should I expect. In the end, it’s a huge win. So I definitely recommend Brown Family Law. They are professional and handle the case very well.
Response from the owner: Yue, thank you for the kind words. Glad Amy was able to help you so well.
Dani always kept me updated and has great communication skills.
Response from the owner: Thank you, Sofia.
Dani was extremely helpful and always responsive.
Response from the owner: Glad Dani did well for you.
My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.
Response from the owner: Jodie, glad we were able to communicate with you so effectively and quickly. Thank you for your kind words.
I recently used Clay in a divorce case and could not have been happier. He was efficient, knowledgeable, and made me feel like I was his only client. The process was easy and he was always there to reassure me or help me with decisions. I would highly recommend Brown Family Law.
Response from the owner: Thank you, Mendi.
Dani excelled as a paralegal, providing crucial support with exceptional skills!
Response from the owner: Glad Dani did such a good job for you.
Thank you So much
Response from the owner: You're welcome. Thank you for choosing us to help you.
I highly recommend Nathaniel and his team. They listened to me, navigated me, educated me, and always called when they said they would. Going through a divorce was very hard but they helped me get through it and showed compassion the whole time.
Response from the owner: Amy, thank you for your recommendation, and glad we could help you through your divorce.