Can My Spouse Prevent Me from Getting a Divorce?

When considering divorce, one of the common questions people have is whether their spouse can prevent them from moving forward with the process. If you’re in Colorado, the answer is generally no — your spouse cannot stop you from getting a divorce.

Colorado is a No-Fault Divorce State

Colorado is a no-fault divorce state. This means that either spouse can file for divorce without having to prove wrongdoing or fault, such as adultery or abandonment. The only legally recognized grounds for divorce in Colorado is that the marriage is “irretrievably broken.” This essentially means that there’s no hope of reconciliation, and at least one party believes the marriage cannot be salvaged.

Because the only requirement for divorce is that one spouse declares the marriage irretrievably broken, your spouse cannot force you to stay married if you no longer want to be. They may refuse to cooperate, delay the process, or express a desire to stay married, but they cannot prevent the court from granting a divorce.

What Happens If My Spouse Doesn’t Want a Divorce?

If your spouse is resistant to the idea of a divorce, they may try to use various tactics to make the process more difficult. However, these tactics are often ineffective in the long run. Here’s what typically happens in such cases:

1. Non-Response or Refusal to Sign Papers: If your spouse refuses to sign divorce papers, it does not mean that the divorce cannot proceed. After you file for divorce, the other party is served with the divorce petition. They have 21 days to respond if they reside in Colorado, or 35 days if they are out-of-state. If they fail to respond within the required timeframe, you can request a default judgment. This means that the Court will proceed with the divorce without your spouse’s participation.

2. Disputing the Marriage is “Irretrievably Broken*: If your spouse denies that the marriage is broken, the court may schedule a hearing. In this case, both parties will present evidence, and the judge will determine if the marriage is indeed irretrievably broken. If one party testifies that the marriage is irretrievably broken, the Court will grant the divorce.

3. Delaying Tactics: Some spouses may attempt to delay the process by not attending hearings, refusing to participate in mediation, or dragging out the proceedings. While this can make the divorce take longer, it ultimately won’t prevent it. Courts can take measures to keep the process moving forward, even if one party is uncooperative.

What About Legal Separation?

If your spouse truly does not want a divorce, they might suggest a legal separation as an alternative. Legal separation is similar to divorce in terms of dividing assets, addressing custody, and establishing support arrangements, but the marriage remains legally intact. You can read more about the differences between legal separation and divorce in this blog post.

If you are determined to pursue a divorce, your spouse cannot force you to settle for legal separation.

Protecting Your Interests During a Contentious Divorce

While your spouse cannot prevent you from getting a divorce, a contentious or high-conflict divorce can be complicated. It’s essential to be prepared and seek legal advice to protect your rights and interests. Working with an experienced divorce attorney can help you navigate the complexities of the process, especially if your spouse is trying to delay or complicate things.

Final Thoughts

In Colorado, the decision to end a marriage does not require mutual consent. If you believe your marriage is irretrievably broken, you have the legal right to file for divorce, even if your spouse doesn’t agree. They cannot prevent the divorce, but they may be able to complicate or lengthen the process. Being aware of your rights and having professional support can help you move forward and achieve a fair resolution.