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What to do when you want a divorce but your spouse denies it?

Divorce is not always a mutual decision. Sometimes both partners feel that they are not compatible and want to put a permanent end to their fights. But sometimes things are ugly and the situation is not under control such as sexual harassment, physical or mental abuse or any type of domestic violence. In such cases, escaping as soon as possible is the best option to prevent more harm. However, your partner won’t easily accept a divorce if they want you to be trapped in the relationship. But denying divorce is no one’s right and as suggested by Karp & Iancu, S.C. divorce attorneys, here is what you can do: 

File a divorce petition 

It is no one’s legal right to refuse to give a divorce to their partner if they want one. And if you have decided that you want to separate from your partner, but they are not agreeing to get to a mutual decision, you can hire an attorney and file a divorce petition and they will have to respond within the time frame.

Summon to court 

The first step to try to get a divorce is to file a divorce petition, but if your partner still doesn’t respond within the allotted time frame, you can summon them to court. Your divorce attorney will send your partner a legal notice to appear in court and discuss the matter in front of the judge or a legal negotiator.

Gather strong evidence 

The best way to get a divorce from a spouse, who is resisting the end of a marriage, is to gather strong evidence and present that in court. If you have valid reasons and can prove them through evidence in front of the court, the judge will move forward with the divorce case and ask your partner to sign.

File a police case

In an unfortunate situation such as sexual harassment or domestic violence, where the abusive partner refuses to give a divorce, you can file a police case against your spouse. The police will investigate the situation and this will help you in streamlining your divorce process. If found guilty, your partner will have to agree to divorce and also face consequences.

If you have been struggling to separate from your partner because of their denying nature, these steps will help you in putting an end to the aggression and immature behavior of your spouse. 


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