Either party is allowed to obtain a divorce, regardless if the other spouse agrees. Thus, if you file for legal separation and your spouse wants a divorce, you cannot contest the divorce. The Court will proceed with the divorce request.
Nicole Boros is a Certified Family Law Specialist and principle attorney at Boros Law Firm. Her CFLS designation means that she has (1) demonstrated significant experience as a family law attorney, (2) passed a written examination, (3) received favorable recommendations from her peers and judicial officers and (4) committed herself to ongoing training within the field of family law.