Individuals contemplating divorce often feel very anxious about the process. Some people worry about specific details, such as who might keep the house. Others worry about the possibility of protracted interpersonal conflict with their spouses.
Few scenarios are more anxiety-inducing than the idea that one spouse could file for divorce, only to have the other successfully fight them. The idea of remaining married to someone after trying to divorce them is patently unpleasant. Can one spouse deny the other a divorce by fighting back in family court or ignoring divorce paperwork?
Marriage requires continued mutual consent
Marriage is a legal arrangement where spouses combine their households and finances. Both spouses have to enter into the relationship of their own free will. They also have to continually agree to continue the marriage.
Only one spouse has to withdraw their consent for divorce to be an option. One spouse can’t deny the other a divorce by ignoring the paperwork served to them. In such scenarios, the filer can file paperwork asking for a divorce by default.
Typically, a spouse cannot defend against a divorce petition either. Provided that the filer pursues a no-fault divorce, there is nothing to prove or disprove regarding the need for a divorce. In fault-based divorce scenarios where one spouse cites specific grounds for the legal proceedings, the other could potentially fight back by defending against the allegations of misconduct, such as claims of adultery.
Those preparing to file for divorce may need help understanding what the process entails. Learning about state law and the divorce process can empower those who are ready to leave an unsatisfying marriage.