What if your spouse won’t agree to divorce?
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What if your spouse won’t agree to divorce?

On Behalf of | May 10, 2022 | Divorce, Family Law |

Residents of Georgia who have decided they want a divorce never come to such a conclusion easily. You might wonder what happens if your spouse refuses to agree to end your marriage.

Talk to your spouse

If both of you have been unhappy for a while, it’s important to talk about divorce. You might want to be open to the idea of counseling if there’s any chance of saving the marriage.

Realize your options

If divorce is definitely the way you want to go, it’s important to know all your options. If saving the marriage is out of reach, you can still obtain the divorce. You don’t need your spouse’s consent or approval. You can file either on no-fault or fault divorce grounds in Georgia.

If your marriage has broken down over time, you can file for a no-fault divorce. However, if things have deteriorated in your relationship due to other reasons such as infidelity or domestic violence, for instance, you are free to file for divorce based on fault grounds.

Consider an easier means for divorce

Even if your spouse is against getting a divorce, you might be able to ease things by suggesting that you work together to come up with a settlement. Divorce mediation and collaborative divorce are both easier and allow married couples to divorce by working together throughout the process in a mature, respectful manner. Mediation and collaborative divorce allow you to bypass all the nastiness and high emotional aspects of a litigated divorce.

They can’t force you to stay married

Remember that your spouse can’t force you to stay married to them. Although your wedding vows probably included the term “Till death do us part,” that doesn’t mean that marriage is always permanent. As a result, if you truly want a divorce and your spouse refuses the idea, you can still file divorce papers and proceed from there. Even if your spouse never signs the papers, you are not legally obligated to remain married.

It’s never easy to conclude that you want a divorce. However, if that’s the only option, you can go ahead and start the proceedings.