Skip to Content
Call Us Today! 512-488-3612

Do You Need Permission to Get a Divorce?

Getting married can be a bit more complex than some people realize. It’s not just a religious ceremony. You have to get the proper paperwork, sign it and put it on file. Some people will also legally change their name and take other steps of this nature. Additionally, both people have to agree to get married and sign the paperwork together.

This makes people think that they might need to get permission to get divorced, either from their spouse or from the court. Is this how it works?

Understanding no-fault divorce laws

You do not need permission to get a divorce thanks to no-fault divorce laws. For one thing, the court is not there to allow you to get divorced or to deny your request. The court is simply going to help you do things like dividing assets or sorting out the terms of your child custody agreement. If you are citing irreconcilable differences and not creating any obligation to prove fault, then the court is just going to facilitate the process and help you check all of the legal boxes.

Likewise, no one needs permission from their spouse to get a divorce. Even if your spouse doesn’t agree to the divorce, you can move forward without them. There are some cases in which a spouse refuses to cooperate, and the person seeking a divorce has to be given a default divorce by the court. But your spouse can’t deny your ability to get divorced, and the court isn’t going to do so either.

As you can see, what is most important is understanding all of the legal options that you have and the steps you’ll need to take to end your marriage.