What if my spouse won't agree to a divorce? - Stange Law Firm, PC (2024)

Most Missouri couples interested in ending a marriage seek a no-fault divorce solution. Essentially, this means that neither party must prove that the other spouse’s actions led to the end of the marital relationship. If each spouse mutually agrees that the marriage is irretrievably broken, they should have little trouble obtaining a divorce.

Unfortunately, there are times when one spouse repeatedly tries to prevent a divorce, as many Saint Louis County residents have learned. This can complicate the situation significantly. You can still get a divorce in such circ*mstances, but you will have to show the court why the marriage is broken without your spouse’s agreement.

For best results in coping with a divorce-resistant partner, it is wise to seek counsel from a legal professional experienced with divorce/separation. This ensures that your path to divorce is as free of obstacles as possible. Attorney assistance can help you show how one or more of the following factors proves that your marriage is broken.

• Your spouse committed adultery and you can no longer tolerate the marriage
• Behavior on the part of your spouse has made it so that you can no longer live with him or her
• Your spouse “abandoned” you for six continuous months or more before you filed your divorce petition
• Upon mutual agreement, you and your spouse have lived apart and separate continuously for 12 months or more immediately before you filed for divorce

If the court agrees that your marital relationship is irretrievably broken, it may or may not grant the divorce. If the court chooses not to grant the divorce, it may give you a legal separation instead. With your lawyer’s assistance, you can go on to convert a legal separation into the divorce that you desire.