By Brian Figeroux, Esq.

Divorce can be complicated, especially if one spouse refuses to participate in the process. In New York State (NYS), you do not need your spouse’s consent to get a divorce. As long as you meet the legal requirements, you can proceed even if your spouse is uncooperative or refuses to sign any documents.

This article analyzes the legal options for divorcing a spouse who doesn’t agree, including no-fault divorce, default divorce, and contested divorce procedures.

1. Can You Get a Divorce Without Your Spouse’s Consent?

Yes. In New York, a spouse cannot prevent a divorce by refusing to sign paperwork or participate in the process.

There are two main ways to proceed when a spouse does not agree:

1. Default Divorce – If the spouse ignores the divorce papers.
2. Contested Divorce – If the spouse actively fights the divorce in court.

New York allows no-fault divorce, meaning you do not need to prove wrongdoing—just that the marriage has been irretrievably broken for at least six months.

2. Default Divorce: If Your Spouse Ignores the Papers

If your spouse doesn’t respond after being properly served with divorce papers, you can request a default judgment.

Steps to Obtain a Default Divorce:

1. File for Divorce
   • Submit a Summons with Notice or Summons and Complaint to the Supreme Court in the county where you or your spouse live.
2. Serve Your Spouse
   • Legally deliver the divorce papers to your spouse within 120 days of filing.
   • A third party (not you) must serve the documents.
3. Wait for a Response
   • The spouse has 20 days to respond (if served in NY) or 30 days (if served out of state).
4. Request a Default Judgment
   • If the spouse does not respond, file for a default divorce.
   • Submit final paperwork for the judge to sign.

How Long Does a Default Divorce Take?

• Typically 3 to 6 months, depending on court processing times.

3. Contested Divorce: If Your Spouse Fights the Divorce

If your spouse actively opposes the divorce, it becomes a contested divorce, requiring:

• Court hearings
• Negotiations or mediation
• Potential trial before a judge

Steps in a Contested Divorce:

1. Filing and Serving Divorce Papers
2. Spouse Files an Answer (opposing the divorce or its terms)
3. Court Hearings and Negotiations (mediation or settlement talks)
4. Trial (if no agreement is reached)

Contested divorces take longer—usually 1 to 3 years—and are more expensive due to legal fees.

4. Conclusion

If your spouse does not agree to the divorce, you can still proceed:

• If they ignore the case, you can get a default divorce.
• If they fight the case, the court will decide in a contested divorce.

New York’s no-fault divorce laws ensure that one spouse cannot block a divorce, making it possible to legally end the marriage even if the other spouse refuses to cooperate.

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