What if my spouse does not want to get divorced?

“What if my spouse does not want to get divorced?” When I get asked that question, my response is always “too bad.” It does not matter whether or not your spouse wants to get divorced. If you file a complaint for divorce, prove a cause of action and serve your spouse with the summons and complaint, eventually you will be divorced.

First, it is relatively simple to prove a cause of action for divorce. If you allege irreconcilable differences, you just have to state that you have not gotten along for six months and, that as a result, the marriage broke down and there is no prospect of reconciliation. The testimony required to prove irreconcilable differences is just as simple as that.

The only other part of forcing a divorce is to make sure your spouse is served with the summons and complaint for divorce. Service is effected when your spouse is personally given the summons and complaint by a process server. After that happens, your spouse has 35 days to respond. If your spouse does not respond due to any reason, a default will be entered against them. After a default is entered, a hearing will take place to determine equitable distribution, support, and custody if applicable, and a divorce will be granted. Therefore, it does not matter if your spouse does not want the divorce, it will eventually happen anyway.