Marriages break down when spouses want different things, and while sometimes the decision to end things is mutual, in others, one spouse is ready to call it quits while the other wants to reconcile. If you’re ready to move on with your life but your spouse is holding out, you might wonder if you can initiate divorce in Minnesota over their objections. The answer is yes, although the steps you’ll go through are different than those you’d follow if you were both on the same page.
Minnesota’s No-Fault Divorce Law
Minnesota has a “no-fault” divorce law that allows spouses to get divorced without proving that one spouse caused the breakdown of the marriage by committing some form of wrongdoing. Instead, a no-fault divorce only requires spouses to allege an irretrievable breakdown of the marriage. Critically, the no-fault divorce system also allows for divorce when only one spouse claims that the marriage has irretrievably broken down, even if their other spouse disagrees about whether the couple can save the marriage. As a result, a spouse does not have to stay in a marriage they wish to end, even though their spouse refuses to get divorced.
What Happens When Your Spouse Refuses to Participate
A spouse who files for divorce must serve the divorce complaint on the other spouse to notify them of the divorce proceeding. A spouse may allege in their complaint that the marriage has irretrievably broken down and assert claims for property division, spousal support, or child custody. The spouse receiving the divorce complaint has a limited time to file an answer to assert claims not raised in the complaint.
In the event that a spouse fails to respond to the divorce complaint or appear in court during the divorce proceedings, the court may proceed with a default divorce. This means the court may grant a divorce based on the information and allegations in the complaint without the other spouse’s input.
When Spouses Contest Divorce
A spouse who does not want to get divorced can still litigate issues in the divorce proceeding, such as property division, spousal maintenance, and child custody. When a couple cannot agree on these issues, the court will schedule hearings or a trial for the parties to present their cases in support of their respective requests for relief. Although a divorce proceeding can take longer when a spouse refuses to agree to a divorce or contests issues in a divorce proceeding, they cannot block the court from finalizing the divorce.
The Importance of Legal Support
If your spouse refuses to agree to a divorce, it’s important to get help from a knowledgeable divorce attorney as soon as possible. An attorney can help you follow all the procedural steps for your divorce, including serving your spouse with the divorce papers and requesting a default proceeding if your spouse refuses to participate. An attorney can also prepare a case and advocate on your behalf should your divorce involve contested issues of property division, spousal maintenance, or child custody. Furthermore, your lawyer can pursue court intervention should your spouse refuse to cooperate in an attempt to delay the divorce indefinitely.
Contact a Divorce Attorney Today
Is your spouse refusing to cooperate with your desire to get divorced? If so, you have options, and the team with Jaspers, Moriarty & Wetherille, P.A. can help you explore them. Contact us today for a confidential consultation with a divorce attorney to learn more about your rights to get divorced even if your spouse does not want to.