Can you divorce your spouse even if your spouse does want a divorce?


This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws.

Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means just the opposite.

No fault divorce is the process of filing for an obtaining a divorce without being required to prove marital “fault”. Instead, all one has to do to file for a no fault divorce is allege incompatibility or irreconcilable differences such that the marriage cannot or should not continue.

One does not need to prove things like adultery, physical abuse, alcohol or drug abuse, emotional cruelty, etc. to obtain a divorce. No fault divorce means one can get a divorce for no reason at all, but simply because one does not want to be married anymore.

Some people believe that you cannot get divorced if your spouse “refuses to sign the papers”. Not true. Your spouse does not have to consent for you to get divorced. Your spouse cannot prevent the court from granting you a divorce by “refusing to sign the papers” because “your spouse signing the papers” is not required to obtain a divorce.

Utah Family Law, LC | | 801-466-9277

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