Can You Get A Divorce Without The Other Person Signing?

If you want a divorce but your spouse is fighting against this process, it can be quite tough to move forward with the dissolution of your marriage. However, there are a few ways that you can file for divorce without the other spouse signing.

Can You Get Divorced Without One Party’s Consent?

There are a few possible ways to get a divorce without consent from both parties. Let’s go into detail about these options, including separation divorce, divorce through mental hospitalization, and fault-based divorce.

Separation Divorce

If one party refuses to agree to a divorce, but the couple has lived separately for at least one full year, the spouse seeking the divorce is legally allowed to file for a no-fault separation-based divorce.

This divorce type, as mentioned above, can be filed without the consent of the other spouse. It must be filed on the premise that your marriage is irretrievably broken, with only one party needed to state that there has been a separation in living situations for at least one year’s time. However, the other spouse can object, which means the court must decide how the process moves forward.

Divorce Through Mental Hospitalization

In the unfortunate event your spouse has been admitted to a mental institution for advanced care directly related to mental illness, one spouse can legally file for divorce without the other’s consent.

The following guidelines must be reached in order to pursue this type of divorce:

• The other spouse must be hospitalized for mental illness, receiving inpatient care for a minimum of 18 straight months.
• The other spouse’s doctor provides a written statement disclosing that the spouse is not expected to be released from inpatient care within the next 18 months.
• There is simply no medical expectation that the other spouse will be released within the legal set amount of time, along with said written statement.

A Fault Divorce

In most states, couples must cite specific grounds for a divorce, typically including the following circumstances:

• Adultery.
• Impotence.
• Physical or sexual abuse.
• And more.

When one spouse cites a reason for divorce, the other spouse will have the chance to respond. At this point, the at-fault party can contest the grounds. Without any proof, though, the divorce process could completely fall apart.

In each and every state, the divorce process will begin when one party files the official paperwork within the court system. The biggest difference between fault and no-fault divorces is the specific reason for the divorce.

One party needs to choose a reason why a divorce is needed, even if the other party disagrees. The couple can then go to court to work out their differences.

In no-fault divorces, one party will cite “irreconcilable differences” and the break-up proceeds. The reason for the divorce will not be examined as the case moves on.

What If You Don’t Want To Get Divorced?

There are a few options you have when your spouse ultimately files for divorce, and you do not wish to consent to this legal process. You could file an objection, stating you believe reconciliation is a possibility if your spouse filed for a separation-based divorce.

If the court finds that there is a chance of reconciliation, your divorce hearing may be delayed by a period of 90-120 days until the petition is revisited. However, if the court finds that the divorce should move forward, it’s best to hire an experienced divorce attorney in your area.

Source:

1. Can My Spouse Obtain A Divorce Without My Consent? Retrieved August 19, 2025. from https://www.shemtoblaw.com/blog/2022/june/can-my-spouse-obtain-a-divorce-without-my-consen/