Can my spouse divorce me if I do not want the divorce?

The fact that you do not want this divorce will not prevent your spouse from divorcing you. The Court only needs to conclude that you and your spouse have irreconcilable differences, and you have no reasonable prospect of reconciliation. That is a fairly easy standard to meet in Montana. If one party makes the claim that you have irreconcilable differences with no reasonable prospect of reconciliation, the Court will grant the Petition for Dissolution.

Montana is referred to as a “no fault” divorce state. This means that when your spouse files for divorce, he or she is not required to prove fault on your part. For example, your spouse does not need to allege adultery, abuse, or abandonment. The Court will not consider such allegations as a basis for granting divorce.

If you find yourself in a position where you are having difficulty accepting the prospect of divorce, you should visit with your Pastor, a counselor, or a psychologist to help you sort through your feelings.

I have seen numerous divorces where one party does not want the divorce, and often the reluctant party will be passive-aggressive, or take some other actions to slow down the divorce process. Sometimes the reluctant party will simply be unreasonable, and will reject reasonable settlement offers or fail to turn over necessary information to the other side to slow down the process. This type of behavior only prolongs the inevitable and unnecessarily drives up the costs and expenses. It also creates more ill will between the parties. This type of behavior does not make anything better – it just leaves both parties more bitter.

A divorce can be emotionally painful when one person wants the divorce and the other person does not. Occasionally, both people realize the marriage is not working, and both want the divorce. However, more often than not, one person wants the divorce and the other spouse is less enthusiastic.

So, can a person get a divorce without consent. The answer is, “yes.”


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