Yes, under the laws of the State of New York, any resident can file for divorce with or without their spouse’s consent, and with or without their spouse’s agreement.
When one won’t agree to terms or wants to fight the divorce, it is referred to as a contested divorce, and while it may take longer to finish, you will still eventually be divorced from your spouse.
Many divorces begin as contested actions, but through negotiation and some amount of soul searching by the reluctant spouse, end up being negotiated by the parties and their attorneys and become uncontested divorces.
On the other hand, a spouse who initially agrees to terms may have a change of heart during the process, and an uncontested divorce can become contested.
An experienced Brooklyn divorce attorney can help you have the smoothest divorce possible, whether or not your spouse agrees to the divorce.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.