Divorce is rarely easy, and it can feel even more overwhelming and confusing, when one spouse isn’t on the same page. Whether it’s silence, resistance or even outright refusal, facing the process alone can raise a lot of questions about your future
The good news is that you don’t need both parties to agree for a divorce to move forward. If your spouse refuses to cooperate, that doesn’t mean you’re stuck in a marriage you don’t want.
What are your options
Kentucky is a no-fault divorce state, meaning you have the right to file for divorce without your spouse’s consent. The court does not require both parties to agree to end the marriage, only one spouse needs to take the first legal step.
Once divorce papers are filed and served, your spouse has a specific amount of time to respond. If they choose to ignore the papers entirely, the process will proceed as a default divorce. A default divorce occurs when one spouse fails to respond to the divorce petition, leading the court to grant divorce, based on the other spouse’s request, without a contested hearing.
Even if your spouse refuses to participate, the court can still issue orders on important matters such as property division or child custody. It can feel frustrating that your spouse refuses to follow the proper proceedings, however, it’s still important for you to follow the legal process to ensure your rights are protected every step of the way.
Going through a divorce is already a confusing, emotional time, but when your partner refuses to cooperate, it can become even more complicated, but you don’t have to navigate it alone. If you’re unsure about where to start or how the process applies to your specific situation, getting the right legal guidance can make all the difference, paving the way for a clear future and ensuring peace of mind.
