People considering divorce often have many questions about the process. They aren’t sure of how the courts handle different types of disputes or what they can expect when they file paperwork. In some cases, they may even feel uncertain about whether or not they qualify for divorce.
Frequently, people hoping to file for divorce may recognize that their spouses do not necessarily agree with their wish to end the marriage. Does the filing spouse seeking a divorce need the consent of the other spouse to move forward with divorce proceedings?
Either spouse can choose to end the marriage
Mutual agreement is not mandatory for a divorce to occur. Uncontested filings that involve the approval and consent of both spouses tend to be faster than contested or litigated divorces. However, spouses do not have to agree about the need for the divorce or the terms set for divorce to be possible.
Either spouse can initiate a no-fault divorce under current state statutes. They do not have to prove a spouse’s misconduct or any other details about the marriage to qualify for a no-fault filing.
If their spouse does not respond to the divorce or participate in the process, then the courts may ultimately grant the divorce largely based on the terms proposed by the filing spouse. People generally do not have to worry about the courts denying them divorce just because their spouses want to stay married.
Understanding the rules that govern divorce proceedings can help people plan for the future. Even if one spouse desperately wants to stay married, the other can move forward with a divorce without their approval.
