A spouse who refuses to cooperate may make divorce more stressful. You might worry that refusing to sign papers or discuss the terms will keep you from ending the marriage. That can make an already difficult time even harder.
In New York, your spouse cannot stop the divorce just by refusing to agree. State law allows a no-fault divorce when one spouse states under oath that the marriage has broken down beyond repair for at least six months. Before the court can finalize the divorce, you and your spouse must settle any required financial and parenting matters or let the court decide them.
When your divorce becomes contested
New York treats your divorce as uncontested when you and your spouse agree to divorce and settle the major terms. These may include property division, debt, custody, child support and spousal support.
If you disagree about one of those terms, the divorce becomes contested. Your spouse’s refusal does not end the case. It means you must either reach an agreement later or ask the court to decide what remains unresolved.
What happens when you still disagree?
A contested divorce does not always end in a trial. You and your spouse might still reach an agreement while the case moves forward. If you do not, the court may decide the remaining financial or parenting matters.
For example, a judge could decide how to divide marital property or set custody and support terms. New York law guides those decisions, but the result depends on the details of each dispute.
Focus on what still needs a decision
Your spouse may slow the divorce by refusing to cooperate, but that does not mean they can keep you married forever. It may be more helpful to focus on the issues that still need an agreement or a court decision.
With legal guidance, consider learning how the process handles those unresolved issues. That review could help you identify the issues that still require action and better prepare for the next stage of the divorce.
