If your spouse does not want a divorce and denies that the marriage is irretrievably broken, you may still obtain a divorce.  You will need to show one of the following:

• That your spouse committed adultery and that you cannot live with your spouse;
• That your spouse has behaved in such a way that you cannot live with your spouse;
• That your spouse has abandoned you for at least six continuous months before the divorce was filed;
• That you and your spouse have agreed to live separately and have done so for at least 12 continuous months before the divorce was filed; or
• That you and your spouse have lived separately for at least 24 months before the divorce was filed.

If the court does not find that the marriage is irretrievably broken and grants a legal separation, then either party can file a Motion to Convert the legal separation (judgment of legal separation) into a divorce (judgment of dissolution) no earlier than 90 days from the date that the judgment of legal separation was entered by the court.