Yes, it is possible to get divorced in Minnesota even if your spouse does not want to get divorced. Minnesota is a “no-fault” divorce state, which means that you do not need to prove that your spouse did something wrong in order to get a divorce. Instead, you simply need to demonstrate that there has been an “irretrievable breakdown” of your marriage.
If your spouse does not want to get divorced, you can still file for divorce and serve them with the necessary paperwork. If they refuse to respond or participate in the divorce process, the court may grant you a default judgment of divorce. This means that the court will make a decision on issues such as property division, child custody, and spousal support based on the information you provide.
However, if your spouse contests the divorce, the process may be more complex and may require legal representation. In these cases, it may be necessary to negotiate a settlement or go to trial in order to resolve issues related to the divorce.
It is important to note that even if your spouse does not want to get divorced, it is still possible to reach an agreement through mediation or negotiation that is acceptable to both parties. This can be a more cost-effective and less stressful option than going through a contested divorce.
If you are considering divorce and your spouse is not on board, it is important to consult with our experienced Minnetonka family law attorney. They can provide you with guidance on your legal rights and options and help you navigate the divorce process.