Question:
I wish to file for divorce, but my husband refuses to sign the divorce application. Although he initially promised to sign it, he has since avoided me, and I am now unable to contact him. I also do not know his current address, as he moved out of our shared residence.
Can he truly prevent me from obtaining a divorce simply by refusing to sign the papers and avoiding contact?
/Ann
Reply:
Your spouse cannot prevent a divorce by refusing to sign the divorce application. Swedish law allows one spouse to unilaterally initiate divorce proceedings, regardless of the other spouse’s consent or willingness to participate in the process.
If your spouse refuses to sign a joint application for divorce, you can still file for divorce on your own by submitting a unilateral application to the district court (tingsrätten). Once the application is filed, the court will notify your spouse about the divorce proceedings. Your spouse will be given an opportunity to respond, but their refusal to sign or participate does not stop the process.
In cases where one spouse does not agree to the divorce, the court will impose a mandatory consideration period (betänketid). This consideration period lasts six months and is designed to give both parties time to reflect on their decision. During this period, you remain legally married, and it is hoped that the spouses might reconcile. However, after the six-month period, if you still wish to proceed with the divorce, you can request the court to finalize the divorce decree, regardless of your spouse’s continued refusal.
It is important to note that the consideration period is not automatic. If both spouses agree to the divorce and there are no children under 16, the divorce can be finalized without any waiting period. But if one spouse is opposed to the divorce, the court will enforce the six-month consideration period.
In summary, your spouse’s refusal to sign the divorce application cannot prevent the divorce from occurring. Swedish law is structured to respect individual autonomy, meaning that one spouse can end the marriage even if the other spouse disagrees.
