Do both spouses have to agree on filing for divorce?
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Do both spouses have to agree on filing for divorce?

On Behalf of | Dec 7, 2020 | Divorce |

Some divorce cases in Georgia are simple. A couple decides that their marriage has run its course, so they agree to split up and file for divorce. But what if one spouse wants to get divorced and the other spouse wants to stay together? Can the first spouse still file for divorce, or will they be trapped in a loveless marriage until their partner finally agrees to separate?

Can you file for divorce even if your spouse doesn’t want to?

Contrary to popular belief, you don’t need your spouse to agree to your divorce. If you truly believe that your marriage is beyond saving, you can go to court and be granted a divorce without your spouse’s permission. Your spouse might disagree with your decision, but they can’t stop you from making it. Once you’ve been granted the divorce, your marriage is over.

However, it is true that the divorce process will be smoother if both individuals agree to the divorce. In that case, you can sign off on an uncontested divorce. If you and your former spouse can’t come to an agreement, you might be in for a legal battle. But while they might not agree with your terms, they can’t stop it from happening.

When should you start talking to an attorney?

Ultimately, it’s your decision. But you might want to start talking to an attorney as soon as you suspect that your marriage is over. You might feel like you’re going behind your spouse’s back, but in fact, you’re simply taking steps to protect yourself in the event that you decide to go through with the divorce. Your attorney could help you request a divorce in court, negotiate an agreement with your spouse and fight for your rights.