Choosing to file for divorce is a life-altering decision. People can expect drastic changes in their short-term financial circumstances and living situations after divorce. For many people, divorce means the end of communication with a former spouse. Most divorcing spouses look forward to moving on with their lives after court.
Not everyone is willing to embrace a clean break. Some people contemplating divorce worry about facing pushback from their spouses who want to remain married. Concerns about embarrassment or religious belief might lead to one person insisting that divorce is not an option.
Can one spouse refuse to allow a divorce when the other wants to end their marriage?
Marriage requires mutual consent
There are many ways for a spouse to interfere in the divorce process. They might argue over every detail from the valuation of the marital home to the appropriateness of spousal maintenance or alimony. While conflict during a divorce can increase the overall timeline for the divorce process, neither spouse can force the other to remain married against their wishes.
If one spouse tries to ignore the divorce filing and refuses to cooperate, the other can request a default judgment from the family courts. Those served paperwork for divorce proceedings typically only have 30 days to respond before the filing spouse can petition the courts to move the process ahead.
Regardless of religious beliefs or other matters, neither spouse can ultimately force the other to remain married or prevent a divorce unilaterally. Discussing potential divorce complications with a family law attorney can help people understand what to expect. Even when one spouse prefers to stay married, the no-fault laws in California allow the other spouse to end their marriage.
