Can I Get a Divorce if My Spouse Doesn’t Agree?

Deciding to end a marriage is a significant life event, and it can become even more stressful when your spouse isn’t on the same page. A common worry we hear is, “Can I still get a divorce if my spouse doesn’t agree?” The short answer is yes. In Minnesota, you do not need your spouse’s consent to file for divorce. However, their lack of cooperation can affect the process.

Here’s what you need to know when navigating this situation:

• Minnesota is a “no-fault” state: You only need to state that there has been an “irretrievable breakdown” of the marriage.
• Your spouse cannot stop the divorce: While they can make it more complicated, they cannot prevent it from happening.
• The process may become “contested”: Disagreements on issues like property, custody, or support will require negotiation or court intervention.
• Legal guidance is crucial: An experienced attorney can protect your rights and guide you through the complexities of a contested divorce.

Minnesota’s “No-Fault” Divorce Law

First and foremost, it’s important to understand that Minnesota is a “no-fault” divorce state. This means you don’t have to prove that your spouse did something wrong (like adultery or abandonment) to be granted a divorce. All that is required is for one party to testify that there has been an “irretrievable breakdown” of the marital relationship. Because you don’t need to prove fault, your spouse cannot legally block the divorce simply by disagreeing with it or refusing to participate.

What Happens if My Spouse Refuses to Sign Divorce Papers?

This is a very common concern. If you file for divorce, your spouse must be formally served with the divorce papers (the Summons and Petition). If they refuse to acknowledge the papers or sign anything, it doesn’t stop the proceedings.

Instead, the case will likely proceed as a “contested divorce.” This means that you and your spouse disagree on one or more key issues, like property division, spousal maintenance, or child custody and support. If your spouse completely fails to respond after being properly served, you may be able to proceed with a “default divorce.” In this scenario, the court can grant your divorce and rule on the issues based on the information you provide, without your spouse’s input. An attorney can ensure the proper legal steps are taken to move forward, even with an unresponsive spouse.

How Long Does a Contested Divorce Take in Minnesota?

While an uncontested divorce (where both parties agree on all terms) can be finalized relatively quickly, a contested divorce takes longer. The timeline can vary greatly depending on the level of conflict and the complexity of the issues. It may involve several stages, including information gathering (discovery), negotiations, mediation, and potentially a court trial if no agreement can be reached. This process can take anywhere from several months to over a year. Throughout this journey, having a skilled legal advocate on your side is essential to navigate each step efficiently and protect your interests.

You Don’t Have to Face This Alone

Hearing that your spouse doesn’t want a divorce can be disheartening and add another layer of emotional weight to an already difficult time. At Atticus Family Law, we understand the stress and uncertainty you’re facing. Our experienced attorneys are here to provide not just legal insight, but also compassionate support. We will take the time to understand your story, explain your rights in clear terms, and develop a strategy to help you move forward. We are committed to protecting your future and helping you achieve a fair resolution, with or without your spouse’s cooperation.

If you’re ready to take the next step, schedule a consultation with us. We’re here to help you navigate this transition and build a foundation for a brighter tomorrow.