Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

You want a divorce. Can your spouse prevent it?

On Behalf of | Feb 22, 2022 | divorce | 0 comments

It’s safe to say that you and your spouse are not on the same page regarding a potential divorce. Not only were you the first one to bring it up, but they don’t even want to talk about it. They don’t want to get a divorce. They say that they refuse to do so. It’s not something that they believe in or something that they’re willing to do.

You still want to file for divorce. You were letting them know about your intentions, but you weren’t necessarily asking for their opinion. You know that you want to end the marriage. What you’re worried about is that they’re going to have some way that they can prevent it. Is this possible?

They cannot stop you

No matter what they tell you, rest assured that your spouse cannot stop the divorce. This is in part due to the fact that Kentucky uses no-fault divorce laws. All that is required under these laws is for one of you to say that you believe your union is irretrievably broken. Both people can say this if they want, but all it takes is one to trigger a divorce.

This also means that you don’t have to prove to the court that the divorce is necessary. You don’t have to go to them with some evidence about your spouse being abusive or something of this nature. You simply have to stay that you feel that the marriage is irretrievably broken and you would like to end it. Your spouse then can’t stop you from ending it and the court doesn’t need to know anything else about it, at least in terms of why you want the divorce. They can help you sort out the details, such as child custody and property division.

This doesn’t necessarily mean that your spouse is going to cooperate. They may ignore the divorce proceedings and the court dates. They may refuse to sign the paperwork. They may not cooperate with you every step of the way. This can make your divorce harder, but it doesn’t make it impossible. You can always end your marriage if that is what you would like to do.

What steps should you take next?

You’re clearly facing what could be a complicated divorce. It is imperative that you know exactly what steps to take and what legal options you have.


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Photo of Kenneth L. Gibson Jr.