What can I do if my spouse won’t agree to divorce?

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What can I do if my spouse won’t agree to divorce?

Asked on August 6, 2015 under Family Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your spouse doesn't want a divorce it doesn't matter; you can still obtain one. This is a quite common situation. First, you will need to serve a divorce complaint on them. Once they are so served, they will have a period of time in which to "answer" the complaint. If they fail to do so within the specified time (it varies from state-to-state), you can proceed with a "default divorce". Basically, this is a divorce that is granted in the absence of one of the parties; it is generally granted on the terms you request.  

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your spouse doesn't want a divorce it doesn't matter; you can still obtain one. This is a quite common situation. First, you will need to serve a divorce complaint on them. Once they are so served, they will have a period of time in which to "answer" the complaint. If they fail to do so within the specified time (it varies from state-to-state), you can proceed with a "default divorce". Basically, this is a divorce that is granted in the absence of one of the parties; it is generally granted on the terms you request.  


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