Divorce is often emotionally and legally complex, especially when one spouse refuses to participate in the process. Many people in Hickory and throughout North Carolina wonder whether they can move forward with a divorce if their spouse will not cooperate. The good news is that under North Carolina law, you do not need your spouse’s agreement to file for divorce.

At The Stiltner Law Firm, PLLC, we provide legal assistance to the Hickory public and help individuals understand their rights when facing an uncooperative spouse.

North Carolina Is a “No-Fault” Divorce State

North Carolina allows for no-fault divorce. This means you do not need to prove wrongdoing such as adultery or abandonment to end your marriage. Instead, you must meet two primary requirements:

• You and your spouse have lived separate and apart for at least one year
• At least one spouse has lived in North Carolina for at least six months before filing

If these conditions are met, you can file for divorce even if your spouse does not agree.

What If Your Spouse Refuses to Sign the Papers?

A common misconception is that both spouses must sign divorce papers for the process to move forward. In reality, only the filing spouse (the plaintiff) is required to initiate the divorce.

After filing, your spouse must be properly served with the divorce complaint. If they refuse to sign or respond, the court can still proceed. If your spouse does not file a response within the required time frame, you may request a default judgment. This allows the court to finalize the divorce without their participation.

What If You Cannot Locate Your Spouse?

If you cannot find your spouse, you may still be able to proceed. North Carolina law permits service by publication in certain circumstances. This involves publishing a notice in an approved newspaper after making reasonable efforts to locate your spouse.

Service by publication has specific procedural requirements, and it is important to follow them carefully to avoid delays.

Divorce vs. Other Family Law Issues

While you can obtain a divorce without your spouse’s cooperation, related matters such as child custody, child support, alimony, and property division may require additional legal action. These issues are separate from the divorce itself and may involve hearings if the parties cannot reach an agreement.

Failing to address property division or alimony before the divorce is finalized can result in losing the right to pursue those claims later.

This is why careful planning is essential.

How Legal Guidance Can Help

When your spouse refuses to cooperate, it can add stress and uncertainty to an already difficult situation. Proper service, meeting residency requirements, and protecting your rights regarding property and support all require close attention to detail.

At The Stiltner Law Firm, PLLC, we provide legal assistance to the Hickory public and guide clients through every step of the divorce process, including cases involving uncooperative spouses.