What if my spouse doesn’t want a divorce?

Whether or not your spouse wants a divorce will not affect your ability to obtain one if that is what you want.

Unless there is adultery or cruelty involved then a one-year separation period is all that is required to become eligible for a divorce. You can separate from your spouse, and make the decision to live separate and apart for the purposes of divorce unilaterally through conduct or words. Once you have satisfied the one year separation period then you may apply to the court for a divorce and unless your spouse has a legitimate and valid reason for opposing the divorce (i.e. corollary issues have not been resolved and will not be resolved if there is a divorce) then the court has the discretion to grant one and probably will. This is especially true if there is an extenuating circumstance requiring that you obtain a divorce judgment, such as a pending remarriage, and the only reason your spouse is opposing is due to jealously or resentment.