Myth: My spouse has to agree to get divorced and if they don't, I can't get divorced.
Truth: You have the right to file for a divorce and you will be granted a divorce at the end of the proceeding. Washington is a no-fault state and that means any married person can get divorced for any reason or for no reason.
The court does not require you to list the reasons you want a divorce. All that is required is to say “the marriage is irretrievably broken.” If the other person does not agree that the marriage should end, the court will not give that any weight. The court’s job is to end the marriage after making sure that the children’s welfare has been addressed (through child support and a parenting plan), spousal support has been addressed if there is a need for it and the assets and liabilities were divided in a fair and equitable fashion.
So, your spouse can refuse to agree to a divorce but the court will give you one.
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Read our free eBook, 9 Urban Myths about Divorce That Can Hurt You, for more divorce myths debunked.
Regardless of how your spouse addresses the divorce petition, I can help you settle the matter in your best interests. Call me at 425-460-0550 or head over to our contact page to schedule a consultation.