What happens if I want to get a divorce but my spouse doesn't?

As long as you have the grounds for divorce, then you may ask the court to grant a divorce. Your spouse can argue that a divorce should not be given: this is called "contesting" a divorce.

If your spouse argues that you do not have the grounds for divorce, such as adultery or cruelty, then you may have to wait out a one year separation before applying for a divorce on that basis. Your spouse can also "contest" other matters like the custody of your children. If this happens, then the divorce will take longer to complete while you, your spouse, and your lawyers work these matters out.

However, this will only delay a divorce. If you are determined to get a divorce, then within these limitations, your spouse will not be able to stop you.

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June 2006

see also:

• More Divorce FAQs

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