My spouse does not want a divorce. Does that affect my ability to divorce him/her?

A divorce is simply a severing of the marriage. It allows both parties to remarry.

It is not rare for one partner to seek a divorce, while the other individual wishes for the marriage to continue.

Whether or not your spouse agrees to filing for a divorce should not affect your ability to ultimately obtain one.

There are different reasons for filing for divorce. The most common grounds is a one year separation.

You are entitled to separate from your spouse and do no require his or her permission. This can be done by physically residing separately. This can also be articulated through the use of a written letter from your lawyer to your spouse, indicating that the separation has occurred.

Following the completion of a one-year separation period, then you are able to apply for a divorce with the court. The divorce is likely to be granted without the desire of the other party, unless there is a legitimate and valid reason for opposing the divorce.

For more information about applying for a divorce alone, contact Krol & Krol at 905.707.3370.