Can My Spouse Refuse to Get Divorced?

Frustrated Man in Front of a Computer

Divorce is a difficult process for both partners involved. It is even more challenging when the decision to file for divorce is entirely one-sided. In some cases, the opposing party may even attempt to stop the divorce from happening in the first place. However, you can still proceed through the process with your attorney. Continue reading to see what you can do if your spouse refuses to divorce.

Is It Legal For My Spouse to Refuse Divorce?

Yes, your spouse can refuse the divorce. Whether it’s because they don’t want a divorce or are trying to pressure you for concessions, it can make the process even more difficult. However, if your spouse refuses to divorce, there is not much they can do. No one can force anyone to stay married. If your spouse refuses, there are ways to continue the divorce process.

What Steps Can You Take?

If you still need to file a divorce petition, speak with an attorney first to continue the process in South Carolina. After filing the petition, your spouse has 30 days to respond to the petition by holding talks or filing a counterclaim.

If your spouse refuses to sign the petition in 30 days, then you can take the petition to court. The opposing party can also refuse to appear in court, but they would risk a default judgment in favor of the petitioner. It is in the best interest of both parties to appear in court to tell their side of the story and wishes in the divorce proceedings, which will make the process more expensive and even harder for everyone involved.

How Can Horton & Associates, LLC Help You?

Having legal guidance at the start of the divorce process will help relieve the stress of the situation. Our skilled divorce attorney can help you file the divorce petition and apply legal pressure on your spouse to reach an agreement before settling in court. It is best for both parties to settle a divorce out of court if you can reach an agreement.Horton & Associates, LLC can help you ensure you don’t surrender any of your legal rights or yield any concessions while helping alleviate the stress of the divorce process.

Contact the attorneys at Horton & Associates, LLC to learn more about our services and get help today at (843) 420-1344.


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