Photo of T. Rabb Wilkerson, III

Legal Solutions Tailored To Your Needs

Providing customized legal strategies to overcome your legal challenges.

  1. Home
  2.  » 
  3. Family Law
  4.  » 
  5. Divorce
  6.  » It takes 2 to get married, but only 1 to get divorced

It takes 2 to get married, but only 1 to get divorced

On Behalf of | Jul 9, 2024 | Divorce |

When you get married, it’s a two-person affair. Both you and your spouse need to sign the marriage papers. You will likely have a ceremony or go to the courthouse together. Only when you both agree will the government recognize you as being officially married.

This leads some people to believe that it also takes two to get divorced. For instance, maybe you’ve been thinking about divorce, but your spouse claims it’s never going to happen. They say that they don’t believe in divorce and they will refuse to go along with the process, preventing you from ending the marriage. Can they do so?

Getting a default divorce

No, your spouse can’t stop you from getting a divorce. You can still serve them with the divorce petition, and then they have a set amount of time to respond. After they do, the divorce process will begin, as you set up hearings and court dates.

If your spouse doesn’t want to get divorced, they may refuse to sign the petition. This can make the process take a bit longer. They will have been given a deadline – in Georgia, most people have 30 days to sign a divorce petition. You have to wait for this deadline, but you can then ask the court for a default divorce if your spouse still won’t respond. The divorce can be granted, even without their cooperation, and it ends your marriage.

That said, this is a more complicated legal situation than a traditional divorce. Be sure you are well aware of the steps you’ll need to take and all of the legal options you have at your disposal.