Married couples often disagree about many important relationship issues. Often, they can find ways to compromise with one another and make their relationship work despite their differences. However, sometimes one spouse reaches the uncomfortable realization that divorce is likely the best option available given their current circumstances.
Unfortunately, their spouse may feel like the marriage is not beyond saving or may not believe in divorce as a general idea. People sometimes worry that their spouses might try to ignore their attempts to end the marriage and effectively force them to remain married.
Does someone hoping to divorce in Arizona require the consent of their spouse to move forward with the divorce process?
Only one spouse has to desire a divorce
Marriage essentially requires the continued mutual consent of both spouses. They must agree to get married, and they have to remain committed to the marriage after solemnifying the relationship. If either spouse believes that the marriage is no longer healthy or functional, they can file for divorce regardless of their spouse’s wishes.
Some people try to avoid divorce by attempting to avoid service. Thankfully, there are multiple ways to provide legal service if one spouse tries to avoid a process server. If they ignore the documents they receive, that choice might put them at a disadvantage later.
Choosing not to respond after legal service does nothing to prevent the divorce from moving forward. The spouse who initially filed the petition for divorce can ask the courts to grant them a divorce by default. After waiting at least 20 days after serving the other spouse, the individual who initially filed can request default divorce proceedings. In such scenarios, the filing spouse effectively sets the terms for major marital matters.
The one exception for default divorce eligibility may involve covenant marriages. In Arizona, those who enter covenant marriages typically can only divorce when they have their spouse’s agreement. Otherwise, they need evidence of specific issues, such as extramarital affairs or abuse. No matter how strongly one spouse in a relationship may feel about avoiding divorce, they cannot force the other to remain married when they no longer want to be in the relationship.
Those expecting their spouses to complicate divorce proceedings may need help as they prepare to file or negotiate with an uncooperative spouse. Those who understand the basic rules in Arizona may feel more confident about their decision, even if they know their spouse is unlikely to agree with it.
