Can My Spouse Stop Me From Getting a Divorce in Minnesota?
If you have decided that you want a divorce but your spouse does not, you may be wondering whether your spouse can prevent the divorce from happening.
Generally, no. Your spouse cannot simply refuse to give you a divorce.
Minnesota is a no-fault divorce state. A Minnesota court can grant a divorce when it finds that the marriage relationship has experienced an irretrievable breakdown. You do not need your spouse's permission to start a divorce proceeding. Minn. Stat. § 518.06.
However, your spouse can disagree with you about the terms of the divorce. That disagreement can make the process longer and more complicated.
What If My Spouse Does Not Want a Divorce?
Your spouse may tell you that they do not want a divorce, but that does not necessarily prevent you from filing.
If your spouse does not agree with everything in your divorce petition, the case becomes contested. Minnesota courts provide different procedures for cases where spouses agree on all of the terms and cases where they do not.
Your spouse may disagree about issues such as:
How property should be divided;
Who should receive certain assets;
Responsibility for marital debts;
Spousal maintenance;
Child custody;
Parenting time;
Child support;
The marital home;
Retirement accounts; or
Other financial issues.
These disagreements may require negotiation, mediation, or ultimately a decision by the court.
Can My Spouse Refuse to Sign the Divorce Papers?
Your spouse does not necessarily have to sign an agreement for your divorce case to move forward.
If you and your spouse agree on all of the terms, you may be able to proceed with an agreed or stipulated divorce. But if your spouse does not agree, you can still proceed through the contested divorce process.
The Minnesota Judicial Branch explains that if spouses do not agree on all of the terms at the beginning of a divorce, the spouse seeking the divorce can use a Petition for Divorce rather than a joint petition.
In other words, your spouse's refusal to cooperate does not automatically give them the ability to stop the divorce.
What If My Spouse Says the Marriage Is Not Over?
Minnesota law specifically addresses situations where one spouse denies that the marriage is irretrievably broken.
If one spouse denies under oath that the marriage is irretrievably broken, the court considers relevant factors, including the circumstances that led to the divorce proceeding and the possibility of reconciliation.
Under Minnesota law, the court can find that the marriage is irretrievably broken when the required evidence establishes that there is no reasonable prospect of reconciliation. The statute identifies, among other things, living separate and apart for at least 180 days immediately before the proceeding or serious marital discord affecting one or both spouses' attitudes toward the marriage.
So while your spouse can contest the divorce, simply saying “I don't want a divorce” does not automatically end the case.
What If My Spouse Refuses to Respond?
If your spouse is properly served with the divorce papers and does not respond, the case may proceed as a default matter.
Minnesota law provides that if the respondent does not appear after proper service, the court may hear and determine the proceeding as a default matter.
The Minnesota Judicial Branch also warns that a person who receives a Summons and Petition for Dissolution generally has 30 days to respond. Failing to respond can result in a default divorce judgment.
This does not mean that someone can simply ignore the divorce process without consequences.
Can My Spouse Make the Divorce Take Longer?
Although your spouse generally cannot permanently prevent you from obtaining a divorce, disagreements can make the process take longer.
For example, if you and your spouse cannot agree about property division, child custody, parenting time, support, or other issues, those disputes may need to be resolved before the divorce can be finalized.
A contested divorce may involve additional negotiations, discovery, mediation, court hearings, or a trial.
The Minnesota Judicial Branch explains that when spouses do not reach an agreement on all issues, the case is considered contested.
What If We Have Children?
Having children does not give one spouse the ability to prevent the other spouse from getting divorced.
However, when minor children are involved, the divorce process may require decisions about:
Legal custody;
Physical custody;
Parenting time;
Child support;
Parenting schedules;
Health insurance; and
Other issues affecting the children.
The court's focus in these matters is different from simply determining whether the marriage should end. These issues must be addressed separately as part of the divorce process.
What If My Spouse Is Trying to Hide Assets or Refuses to Cooperate?
A spouse's lack of cooperation can create additional challenges, particularly when financial issues are involved.
Divorce may require identifying and valuing assets and debts, including:
Bank accounts;
Retirement accounts;
Real estate;
Investments;
Business interests;
Vehicles;
Credit card debt; and
Other marital or nonmarital property.
If you believe your spouse is withholding important financial information, it is important to discuss the situation with a Minnesota family law attorney. Depending on the circumstances, there may be legal procedures available to obtain information needed to resolve the case.
Do I Need My Spouse's Permission to File for Divorce?
No.
You do not need your spouse's permission to begin a divorce proceeding in Minnesota.
Your spouse can disagree with the divorce, disagree with the terms you request, or contest particular issues. But disagreement does not necessarily mean that your spouse can prevent the marriage from being dissolved.
Minnesota law provides that a dissolution of marriage is granted when the court finds that the marriage relationship has experienced an irretrievable breakdown.
The Bottom Line
Your spouse generally cannot stop you from getting a divorce simply because they do not want one.
They can contest the divorce proceedings and disagree about important issues such as property, finances, custody, parenting time, and support. Those disagreements may make the divorce more complicated or take longer to resolve.
But you do not need your spouse's permission to ask the court to dissolve your marriage.
If you are considering divorce in Minnesota and your spouse does not agree, understanding the difference between contesting the terms of a divorce and preventing the divorce itself can help you understand what to expect.
This article is for informational purposes only and does not constitute legal advice. Every divorce case is different. For advice regarding your specific circumstances, consult with a qualified Minnesota family law attorney.
