What happens if my spouse does not agree to the divorce?
If your spouse does not agree to the divorce application, you can still proceed to apply for divorce. Your divorce will be on a contested basis, which arises when the wife and the husband are unable to agree to the divorce or to any of the terms of the divorce.
In some cases, one spouse wants to get divorced and one spouse does not want to. The spouse who wants to get divorced will be the Plaintiff in the contested divorce application, and the spouse who does not want to be divorced will be the Defendant in the contested divorce application.
In other cases, the wife and the husband cannot agree to the terms of the divorce. Disagreement can occur over things like spousal maintenance, the division of matrimonial assets, as well as the custody, care and control, and access to the children to the marriage.
If the divorce application proceeds on a contested basis, the entire divorce process will be dragged out. There is no sure way to predict how long the divorce process will take. Your spouse also can and might appear in court to resist your divorce application and seek to convince the judge on why your divorce application should not be allowed. Ultimately, the divorce can only proceed when the wife and the husband agree to the divorce and all its terms.
In view of this, it is strongly recommended that you negotiate the terms of the divorce with your spouse first and convince them to agree to the divorce. This would allow you to proceed with the divorce on an uncontested basis, which would save money, time, energy, and emotion, as opposed to proceeding with the divorce on a contested basis.
