Deciding to end your marriage is not easy. But the situation becomes even more challenging if your spouse is adamantly against the divorce.
You may feel stuck in your marriage, but that’s not true. Your spouse can’t stop you from divorcing them; it will just take a little longer.
You don’t need your spouse’s permission to divorce
Alaska is a no-fault divorce state, which means you don’t have to prove your spouse was an adulterer or abused you. The most commonly used ground in Alaska is “incompatibility of temperament,” which is similar to the phrase “irreconcilable differences” and means the marriage is no longer working. As long as you believe the marriage is over, that is enough. Even if your spouse vehemently disagrees, the court will not force you to stay married.
Even though your spouse can’t prevent the divorce, they can still drag out the process. This is known as a “contested divorce”, which may involve:
- Refusing to sign the divorce papers
- Disagreeing on property division
- Contesting custody or parenting time
- Arguing about spousal support
In these cases, the court will need to step in to resolve the disputed issues. The case may require hearings, mediation and possibly a trial, before the judge makes any final decisions.
If your spouse is served with divorce papers and doesn’t respond within 20 days, the case can still move forward. The judge may enter a default divorce and grant it, along with issuing orders on property, custody and support based on the information provided.
In the event your spouse decides to fight you on property, custody and support, the divorce could take several months or longer, depending on the complexity of the issues and court scheduling. Still, the divorce will move forward.
If your spouse wants to try and work things out, counseling or a separation agreement can be options if both of you are open to it. However, the court will not require you to remain married simply because your spouse wants another chance.
When your spouse doesn’t want a divorce, you must understand your rights and obligations. A legal professional can give you guidance regarding issues such as living arrangements, finances and parenting time while your divorce is pending.