Can my spouse block the divorce?
Are you considering divorce? You are certainly not alone. Thousands of couples in Idaho get divorced each year. In some cases, both spouses agree that it is time to end the marriage. In other cases, there may be a disagreement over whether or not the marriage can be saved. In Idaho, your spouse cannot block you from getting a divorce. Here, our Boise family lawyer explains the key things to know about your rights and your options if your spouse tries to block a divorce in Idaho.
Idaho is a No-Fault Divorce State
Under Idaho law (I.C. § 32-610), a no-fault divorce standard applies. You do not have to prove that your spouse did something wrong to be granted a divorce. Instead, you can simply state that the marriage is “irretrievably broken.”
Why does this matter? One spouse’s refusal to participate, cooperate, or agree does not prevent the other from moving forward. Even if your spouse is strongly opposed, the court has the authority to dissolve the marriage once the legal requirements are met.
Note: Idaho also has fault-based grounds for divorce. While they are less common, they are still used in some cases.
Your Spouse Can Delay the Process, But Not Stop It
While your spouse cannot ultimately prevent a divorce, that is not to say that they cannot cause you headaches and frustration. They can make the process more complicated. For example, they might refuse to sign paperwork, fail to respond to filings, or contest issues like property division or custody. These actions can lengthen the timeline. They are difficult to deal with in a lot of cases. However, they do not change the final outcome. Idaho courts recognize the right of either spouse to end a marriage that is no longer workable.
Key Point: If your spouse refuses to participate at all, the court may proceed by default and grant the divorce without their cooperation.
Disputed Issues Will Be Decided by the Court
In cases where spouses disagree on financial matters, custody, or support, the court steps in to resolve those issues. Judges in Idaho apply equitable distribution principles when dividing property and consider the best interests of the child in custody decisions. While it may be more efficient and less stressful to reach a negotiated settlement, you will not be forced to remain in a marriage just because these issues are contested. Instead, the judge will issue binding rulings to resolve the disputes. A top-rated Boise, ID divorce lawyer can help you fight for the best possible outcome in your specific case.
Contact Our Boise, ID Divorce Lawyer Today
At Johnson May, our Boise, ID divorce attorney has the knowledge and experience that you can trust. If you have any questions about your spouse trying to block your divorce, please do not hesitate to call us now or contact us online for a fully confidential case review. With offices in Boise and Twin Falls, we provide family and divorce representation all across the region.
