If you have decided to seek a divorce, you might be encountering a situation where the other spouse has flat out refused to sign papers. Under Virginia law, people will ask us what to do in this situation, “Can my spouse refuse a divorce?” Yes, they can refuse to sign papers for uncontested divorce. But, you still have the right to file for divorce anyways, and our divorce attorneys in Roanoke, Virginia, can help you protect your interests.
Grounds for Divorce in Virginia and the Spouse’s Right to Oppose
Divorce can be pursued two ways: fault-based (contested) divorce and no-fault (uncontested) divorce.
If a spouse agrees to a divorce, then you may be able to file for a no-fault divorce, where neither spouse blames the other for the dissolution of their marriage. According to Virginia law (§ 20-91 (9)(a), Code of Virginia), couples who have lived separately and continuously, without interruption or marital relations, for one year or more are eligible for a no-fault divorce. This period reduces to six months if there are no minor children and both parties have signed a written property settlement or marital separation agreement. (For more, read “How quickly can I get divorced in Virginia?”)
If a spouse refuses to get divorced, then you may need to file for divorce on fault-based grounds, such as adultery (§20-91(1)), felony conviction (§20-91(3)), cruelty, or desertion (§20-91(6)). As a practical matter, proving fault requires evidence, and your spouse might choose to contest your allegations, delaying the divorce process. If the court finds credible evidence supporting your claims, Virginia courts maintain the power and obligation to grant the divorce despite your spouse’s refusal or objection.
How Can I Serve My Spouse With Divorce If They Refuse?
Virginia law requires proper legal service of the divorce complaint on the opposing spouse (§20-99, Code of Virginia). Occasionally, a resistant spouse attempts to obstruct proceedings by avoiding service. Fortunately, Virginia courts provide remedies through alternative methods of service.
If your spouse avoid traditional personal service, you may employ alternative methods, including substituted service or service by publication (§8.01-296, Code of Virginia). These measures ensure that even a spouse resisting or avoiding the divorce process cannot indefinitely prevent service of divorce papers, allowing the court process to move forward.
What Happens When a Spouse Refuses to Get Divorced?
Your spouse’s resistance or refusal can affect the timeline of your divorce proceedings. While this opposition cannot block divorce, it may increase legal costs and court involvement. If issues persistently cannot be resolved mutually, hearings, and possibly trials, may be required, extending divorce proceedings up to a year.
During each stage—whether pre-trial conferences or evidentiary hearings—Virginia’s courts actively mediate and resolve contested issues as quickly as practical. The courts’ ultimate authority to grant a divorce ensures that an uncooperative spouse cannot indefinitely obstruct the process by mere opposition.
Conclusion
If you have a spouse who is refusing to get divorced, please feel free to contact our office in Salem, Virginia. As divorce lawyers, we can help evaluate your options and move the process forward as quickly as possible. Just because a spouse refuses to grant your request does not mean you cannot get a divorce. Ultimately, even if we have to file suit in the Roanoke or Salem circuit courts, we can seek a divorce on your behalf.