Armstrong Law, P.C.

Does your spouse need to agree to a divorce?

You and your spouse haven't seen eye-to-eye regarding your relationship in a long time. That's part of why you're filing for divorce. However, you also are not on the same page regarding the split. Your spouse thinks you should not get divorced and says they'll never agree to it.

Does that matter? Do you need them to agree? Or is the divorce in your hands?

If they ignore the divorce filing, that can make things a bit more complicated, but it by no means indicates that you can't get divorced. Legally, you do not need them to agree. They can't make this decision for you.

Say you file and they ignore it, refusing to respond. You can then ask the court for a default judgment. You do have to give your spouse some time to respond, but should they neglect to do so, the court can then rule that you are still divorced.

In fact, a default judgment may work out in your favor. A divorce case typically gives people a chance to contest things like asset division and child custody. This can make the case contentious, and it may take a long time to resolve. If your spouse will not engage in the case, though, they have no way to contest the rulings, so the case may actually be far faster and easier.

Remember, divorce is always something you can choose for yourself, no matter what your spouse wants. Just make sure you are aware of exactly what legal steps you are going to need to take moving forward.

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Armstrong Law, P.C.
287 Appleton Street
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Lowell, MA 01852

Phone: 978-614-0965
Phone: 978-453-1044
Fax: 978-453-1055
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