Can you get a Divorce without your Spouse’s Consent, yes you have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.
What Happens When one Spouse doesn’t Want a Divorce
If you properly served the divorce petition and your spouse filed an uncontested response, but won’t sign off on the final divorce papers, courts in some states may allow the case to proceed as though it’s uncontested. You may wait to be assigned a court appearance date.