For some married couples, divorce is sometimes the best option. Unfortunately, just because one person wants a divorce does not mean that the other spouse will agree to end the marriage. The following will review some of the important advice that you can follow when one spouse does not agree to the end of a marriage.
Misconception About Ending a Marriage
There is a common misconception that if one spouse does not want a divorce, the spouse can prevent divorce from occurring by refusing to cooperate. In reality, if only one of the spouses wants to end the marriage, it is still possible to achieve a divorce. Insted, a court will resolve all of the applicable financial and legal issues if the divorce is initiated by only one spouse. A spouse who does not want a marriage, however, can often make it much more difficult to reach agreements for many important issues including alimony, child support, and the division of property.
What to Say When Speaking to Your Spouse
The best way to begin a divorce with your spouse is by raising the conversation. Some of the important things that you should mention when you discuss divorce with a spouse for the first time include the following:
- It is important to clearly communicate that divorce is unavoidable. While a spouse might suggest counseling or one of a number of other ways to repair a relationship, it is important to insist that a divorce will still happen.
- If you already have children, it is important to make it clear that a divorce is the best option for them. Sometimes, spouses attempt to stay together for children, but this is rarely in the best interest of those children. Instead, the longer and more combative a marriage gets, the more difficult things becomes for the kids. You should not remain in a marriage just to keep your children happy.
What to do if a Spouse Resists
If a spouse still disagrees to the idea of divorce following an initial conversation, there are several steps that you can follow to communicate that the marriage is over:
- It is sometimes helpful to establish to your spouse that you have grounds for asking for the divorce.
- It is important at this part in the divorce process to make sure that paperwork is properly filed to avoid any errors that could end up drawing out the divorce process.
- A former spouse will have a small window of time in which to respond to a divorce petition. If your former spouse does not respond to your divorce petition, speak with your attorney about how to navigate matters.
Speak with an Experienced Divorce Lawyer
If you need help navigating a divorce, you should not hesitate to speak with an experienced divorce attorney. Contact Vayman & Teitelbaum P.C. for assistance. We have helped numerous people navigate the divorce process and know how to make sure that matters proceed as smoothly as possible.