Divorces often begin with a breakdown of a marital relationship or significant spousal misconduct. Couples may find themselves fighting over finances, child-rearing decisions and other important family matters.
In some cases, they may not even agree on whether a divorce is necessary, let alone the terms for property division, financial support and shared parental responsibilities. People may worry about the process ahead in cases where divorce disputes prevent them from agreeing on key matters with a spouse.
Do disagreements between spouses ever prevent couples from successfully divorcing?
Agreement is efficient but not necessary
Sometimes, spouses disagree on the terms of a divorce. They can negotiate through their lawyers, attend mediation or prepare documentation to litigate their disagreements.
Contested divorces are relatively common, and judges can decide what terms are fair and appropriate based on family circumstances. In fact, spouses do not even need to agree on the necessity of divorcing. Only one spouse needs to want the divorce for the courts to formally dissolve a marital relationship.
The spouse seeking divorce must be able to assert that the couple has experienced an irretrievable breakdown of their relationship and that the breakdown has persisted for six months or longer. In fact, the filing spouse can proceed with the divorce even if the responding spouse attempts to avoid service, refuses to respond to legal paperwork and does not attend court hearings.
Discussing the divorce process with a family law attorney can help people understand the process before it begins. An attorney can assist with conflict resolution, default paperwork and any other legal procedures necessary to pursue divorce without the full cooperation of a spouse.