Divorce is rarely easy—but it becomes even more complicated when one spouse doesn’t want it. If you’re asking, “Can I get a divorce even if my spouse won’t agree?”—the answer is yes. In Minnesota and Wisconsin, you can still get divorced even if your spouse disagrees. At Lommen Abdo, P.A., our family law attorneys help individuals navigate divorce proceedings confidently, even in cases where the other party refuses to cooperate.
Divorce Without Consent: How It Works in Minnesota and Wisconsin
Both Minnesota and Wisconsin are “no-fault” divorce states. This means you don’t need to prove wrongdoing (like infidelity or abuse) to get a divorce. You simply need to show that there has been an irretrievable breakdown of the marriage. So, even if your spouse disagrees with the divorce, that won’t stop the process.
Your spouse doesn’t need to consent to the divorce for it to move forward. In legal terms, there’s no such thing as a “forced divorce”, but divorce without agreement is entirely possible—and relatively common.
What If My Spouse Won’t Participate in the Divorce?
Sometimes, a spouse will try to avoid the divorce by ignoring court papers or refusing to sign anything. Fortunately, the law doesn’t allow one spouse to hold the other hostage in the marriage.
Here’s how the process works:
1. File and Serve the Divorce Papers You begin by filing a Summons and Petition for Divorce. These documents are then served to your spouse.
2. Your Spouse Has a Fixed Timeline to Respond. In Minnesota, a party typically has 30 days. While in Wisconsin, the deadline is 20 days. If they respond, your case may proceed as a contested divorce, where issues like property division, child custody, and spousal maintenance may be litigated or resolved through mediation.
3. If They Don’t Respond—You Can Pursue a Default Divorce If your spouse refuses to participate or respond within the time permitted, the court can enter a default judgment. This allows the divorce to proceed without them. In many cases, the court may approve the terms laid out in your initial petition, so long as they are fair and legally sound.
What If My Spouse Disagrees With Everything?
If your spouse actively contests the divorce—perhaps disputing child custody, support, or property issues—it becomes a contested divorce. That doesn’t mean you won’t get divorced; it simply means the process may involve more negotiation or even litigation.
That’s where having experienced counsel makes all the difference. At Lommen Abdo, we provide strong, strategic representation to help clients achieve favorable outcomes—even in high-conflict divorces.
Do I Need My Spouse’s Signature to Get Divorced?
No, you do not need your spouse’s signature. A common misconception is that both parties must sign off on a divorce. The reality is, only one party needs to initiate. If your spouse refuses to engage or acknowledge the process, the court will still move forward—often in your favor.
This is especially true in default divorce cases, where the court may adopt the terms you proposed if your spouse remains unresponsive.
Can We Still Try for an Uncontested Divorce?
Absolutely. Just because your spouse is hesitant now doesn’t mean you can’t eventually reach an agreement. Through negotiation or mediation, you may be able to transform a potentially contested matter into an uncontested divorce, saving time, money, and emotional energy.
Our attorneys are skilled negotiators who understand how to de-escalate conflict and help clients reach reasonable, workable resolutions.
Why Choose Lommen Abdo, P.A.?
At Lommen Abdo, our family law attorneys are licensed in both Minnesota and Wisconsin, and we bring decades of experience to every divorce case. Whether you’re facing an uncooperative spouse or simply want clear guidance through a stressful time, we’re here to help you take control of your future.
· Skilled in high-conflict and default divorces
· Licensed in MN & WI
· Knowledgeable in no-fault divorce law
· Results-driven and client-focused
You deserve clarity, closure, and a team you can trust. Let us help you move forward—with or without your spouse’s cooperation.
Contact Lommen Abdo, P.A. today to schedule a consultation and find out how we can help you through every stage of your divorce—no matter how complicated your situation may seem.