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You can get a divorce without your spouse’s permission

On Behalf of | Jun 23, 2022 | Family Law

Ideally, your spouse will be onboard with the idea of getting divorced before you file paperwork with a Georgia court. However, even if your spouse doesn’t want the marriage to end, you still have the right to go through the process of dissolving it. Let’s take a closer look at some specific actions that you might want to take if you and your spouse have conflicting views about the status of your relationship.

Is divorce the best option for you?

It may be tempting to seek a divorce from someone in the immediate aftermath of a nasty fight. However, it’s important to determine whether the fight was a symptom of a larger problem in the relationship or simply something that happens occasionally between married couples. If you think that you can resolve a conflict without ending your marriage, it may be worth it to remain committed to your spouse.

What if you determine that divorce is in your best interest?

If you conclude that a divorce is in your best interest, it can be worth taking a collaborative approach to ending your marriage. Instead of immediately filing papers with the court, it may be worthwhile to attend couples counseling or take other steps to get your spouse emotionally ready to move on.

You can move on without your spouse’s permission

You don’t need anyone’s permission to legally dissolve your marriage. If your spouse is trying to delay or prevent the dissolution process from progressing in a timely manner, a judge may grant your request for an uncontested divorce.

If you feel as if you’re in a toxic relationship, it’s generally a good idea to get out as quickly as possible. In a final settlement, you may be entitled to a portion of marital property, spousal support and other resources. You may also be able to obtain custody or visitation rights to your children after leaving your spouse.