Can You Get a Divorce if Your Spouse Refuses?
August 16, 2026 · 1 min read · Updated July 10, 2026
Yes, one spouse cannot trap the other in a marriage. Here's how divorce works when your spouse won't cooperate.
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A common fear is that a divorce can't happen unless both spouses agree to it. That's not true. Because of no-fault divorce, one person cannot force the other to stay married.
Your spouse can't veto the divorce
Every state allows no-fault divorce, which means you only need to state that the marriage is broken. Your spouse disagreeing that it's over is not a legal defense. They can slow things down, but they cannot stop the divorce from ultimately happening.
What happens if they won't respond
If your spouse ignores the divorce papers after being properly served, the court can eventually grant a 'default' divorce, meaning it proceeds without their participation, often on the terms you requested. There are strict steps for proving they were notified, but a non-responsive spouse doesn't leave you stuck.
When they actively fight it
If your spouse contests the terms (not the divorce itself), your case becomes contested, and you may need mediation or, in tougher cases, a lawyer to resolve the disputes. But even a contested case still ends in divorce, the disagreement is over the terms, not whether it happens.
Bottom line: an unwilling spouse can make the road bumpier, but they cannot keep you married against your will.
