What will happen if my spouse does not want a divorce?

On Behalf of | Apr 10, 2023 | DIVORCE - Divorce |

Making the choice to end your marriage is not easy, but it can be harder when your spouse is not on the same page. You should know, though, that even if one party does not want to separate, the law allows the process to move forward.

Divorce is a legal process. You sue your spouse to end the marriage contract. Just as with any legal case, a party does not have to be in agreement for the case to proceed.

Contested divorce situation

What will happen when your spouse does not want to divorce is a contested divorce. Under the law, this means that you do not agree on the issues and need the court to step in. Instead of negotiating and trying to come to an agreement, you would go through the court where a judge will decide the matters for you.

The downside to the situation

The issue with a contested divorce is you lose all power to negotiate and try to work together. However, if your spouse is not willing to cooperate, you really have no choice. The judge will follow state law as to how to divide property and handle matters relating to your children. It will be a formal process, but you can make motions and requests. Still, the court has all the control over what happens.

It is much easier when a couple can work together to divide marital assets and make decisions about their children during a divorce, but sometimes, that just does not happen. When you are facing a spouse who is refusing to divorce, you will still be able to end the marriage. The court will have more control over the decision-making if this happens.