Even though your spouse may refuse a divorce, they cannot ultimately prevent it. While it may require additional effort, obtaining a divorce is still possible without your spouse’s consent, as no court will force someone to remain in an unwanted marriage. Please continue reading as we explore your legal options if your spouse is uncooperative and how a determined Suffolk County Divorce Attorney can help you assist you during these difficult times.
Can My Spouse Refuse to Get Divorced?
If your marriage is faltering, you may contemplate divorce. However, your spouse may try to change your mind. However, it’s important to understand that New York accepts no-fault divorces. This means that you don’t have to prove any wrongdoing by your spouse in order to dissolve your marriage. You can simply file for divorce based on the fact that you and your spouse have suffered an irretrievable breakdown in your marriage that cannot be repaired. Ultimately, you can initiate the divorce process by filing a petition with the court, even if your spouse is unwilling to participate.
Keep in mind that if your spouse refuses to cooperate, the divorce will be considered “contested.” This means the court will need to resolve any disagreements regarding the terms that will apply to the termination of the marriage. If you are ready to pursue a divorce but your spouse isn’t, it’s advisable to seek qualified legal counsel. A Suffolk County divorce attorney can help you understand your legal options and navigate the divorce process.
What if My Spouse Doesn’t Respond to the Divorce Papers?
When served with divorce papers, a spouse is legally required to respond within a specific timeframe. Otherwise, the court may grant the divorce based on the terms outlined in the initial divorce petition. In New York, the defendant has 20 days to respond. If they fail to adhere to this deadline, it can result in the court issuing a default judgment. This would essentially give the filing spouse everything they requested as long as they are fair and reasonable. The court will take the lack of response as the relinquishment of their right to content aspects of the divorce proceedings, including the division of assets and debts, spousal support, child custody, and child support.
If you are seeking a divorce and your spouse is unwilling to cooperate, please don’t hesitate to contact a seasoned attorney from The Law Offices of Susan A. Kassel, P.C., who can advocate for your rights. We are prepared to guide you towards the best possible outcome for your case. Connect with our firm today to learn how we can fight for you.
