Can a spouse refuse to agree to a divorce?

Q: What happens if my husband doesn’t want to give me a divorce?

If your husband does not want to grant a divorce, you can still file for one. Most states allow individuals to file for divorce without the other spouse's consent, especially if there are valid grounds. The court will ultimately decide on the divorce, regardless of your husband's wishes.

Full question:

Can your spouse refuse to grant your request for divorce because she does not want the marriage to be over?

Category: Divorce
Date: 04/07/2025
State: Maryland

Answer:

Yes, your spouse can refuse your request for divorce if they do not want the marriage to end. However, if you have valid grounds for divorce, you can file for divorce without their consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I divorce my wife if she doesn't want to?

Yes, you can file for divorce even if your wife does not agree. In many states, you can pursue a no-fault divorce, which does not require the other spouse's consent. You will need to follow your state's specific procedures for filing, and it may be beneficial to consult with an attorney to ensure you meet all legal requirements.

What happens if my husband doesn’t want to give me a divorce?

What to do when your marriage is over?

If you believe your marriage is over, consider discussing your feelings with your spouse first. If divorce seems inevitable, consult a family law attorney to understand your options and the legal process. Gathering financial documents and considering your living arrangements can also be helpful as you prepare for the next steps.

On what grounds can a judge refuse a divorce?

A judge may refuse a divorce if there are legal issues, such as a lack of jurisdiction or if one party has not met the required residency period. Additionally, if the divorce is contested and there are unresolved legal matters, a judge might delay the proceedings. However, in most cases, if valid grounds for divorce exist, a judge will not deny the request.