What Happens When One Partner Refuses A Divorce?

Divorce is never an easy decision to make. When you get married, you certainly don’t do it with the intention of ending your marriage to this person at any point. The idea is inconceivable until it actually happens. While many marriages remain intact throughout the test of time, there will always be couples who can no longer stand the idea of remaining married. Whether it’s a situation that involves abuse, one that involves infidelity, or one that is based on a lie, there are many reasons couples choose to part ways after their marriage is made official. What happens when one person in a marriage is ready to divorce the other, but their spouse refuses to go forward with a divorce?

Divorce When it’s One-Sided

It’s not truthful to say you’ll find you can get your divorce easily even when your spouse doesn’t want it. It’s not. Your spouse’s lack of desire to conform to your divorce request is going to make this a very difficult process. However, there is a way to get a divorce without the consent of your partner. It’s a longer road, and it’s even less enjoyable than a traditional divorce in which both partners agree to the change.

The first step is to obtain a copy of a divorce petition, fill it out, and take it to your local Clerk of Courts. You can easily find this information for Arizona residents in Mesa online or at the clerk’s office. The easiest way to do this and ensure it’s being done correctly is to contact a Mesa divorce attorney with experience. We will walk you through the process of filing for divorce on your own.


Once the paperwork is filed to initiate a divorce, you’ll need the clerk to issue a summons to your spouse. This is a legal request for them to respond to the divorce. If they choose not to respond, that’s their prerogative. Your spouse has so many days to respond, and you can request a hearing at the court if they do not.

The process is longer, more involved, and more difficult, but even without the permission of your spouse a divorce can be granted. Arizona law does not force anyone to remain married who doesn’t want to remain married. You’ll need the help of an attorney to navigate these very muddy waters, but the process can be done in a timely fashion when you have appropriate legal assistance.

Divorce is never easy, but it’s made almost impossible when one partner is against it and refuses to cooperate. There might be a waiting period, there might be some roadblocks, and there might be some complications. You will get your divorce, and we will ensure you are able to live your life your way before much longer. It’s our job to ensure the legal aspect of a one-sided divorce is handled correctly and without fanfare.