By the time it becomes clear that a marriage is broken, both spouses are usually more or less able to accept the inevitable and work together to end their marriage.
What if your spouse is unwilling to acknowledge the reality of your situation? Can they simply refuse to “give you a divorce?”
Wisconsin is a no-fault state
In the past, it was much harder to get a divorce without a spouse’s consent because one person had to be “at fault” for the end of the marriage. That meant that either one spouse had to admit to some kind of legal grounds for a divorce, like adultery, or the other spouse had to make the allegation and provide proof.
However, Wisconsin is now a “no-fault” state. Either spouse can ask for a divorce based on the idea that there has been an irretrievable breakdown in the relationship.
It takes two committed people to make a marriage – but only one to make a divorce happen. If you’re ready to divorce and your spouse is refusing to cooperate, you still have a way out. Talking with someone who understands the law and the options available to you can help you see the path forward.