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Can I Refuse Divorce?


Many divorces are not consensual. One side may think that the other side is being unreasonable, or that all the steps have not been taken to repair or save the marriage. If you fall on the side of a couple that doesn't want a divorce to carry through, is there anything you can do to stop or prevent the divorce from happening?

Since every state and the District of Columbia has now adopted no-fault divorce laws in some capacity, you technically cannot fully prevent a divorce. But that doesn't mean that you have to consent to the divorce either, and if you think your spouse only needs some time to clear his or her head, then depending on the laws of your state, you might be in luck.

Of course, you can contact a local divorce attorney in your state who can give you guidance on your state's laws and how they apply to you. If you are looking to connect with a local attorney today, just fill out the form below to get started.

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Divorce Laws and Waiting Periods

Many states have mandatory waiting periods for divorce. These waiting periods may only take effect if the divorce is contested, and can be longer if there is no fault alleged in the divorce proceeding.

In most states, if the divorce is consented to by both parties, the waiting time may be either reduced or non-existent. See our waiting period reference guide for information on laws in each state.

Aside from not consenting to a divorce, your legal options are limited for preventing the divorce, though you may have the option to try and reconcile your relationship, and help your marriage repair itself.

Talking to your spouse may be the first step to fixing the relationship. If you're happy being married, you have to find out why your spouse isn't.

One option is to have a professional give you advice and try to get your spouse to agree to marital counseling. A marital counselor will likely be able to help you gain valuable insight into what is and is not working in your relationship.

Even if you think your spouse isn't acting reasonably, you probably don't have a way to force your significant other to remain married to you. Marriage is a voluntary relationship, and if your spouse really wants to end it, you might have to ask yourself if you would really want to force them to stay in a relationship with you. If your spouse has already initiated divorce proceedings, you may benefit from speaking with a local divorce attorney. If you need help today, simply fill out the case review form below to get started.

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