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What happens if your spouse doesn’t want to get divorced?

On Behalf of | Nov 28, 2022 | Divorce

If you have made the difficult decision to get a divorce in New Jersey, but your spouse is not on board, you may be feeling frustrated and confused. Fortunately, there are things that you can do to make the process easier.

Have an open and honest discussion

Let your spouse know why you want a divorce and be prepared to hear their thoughts and feelings. Allow them the time they need to express themselves without interruption or judgment. If your spouse is not ready to talk about it, give them some time and space. The goal is to have a respectful conversation about the divorce and come to an agreement that works for both of you.

Consider legal separation

If your spouse is not ready to get divorced, you can consider a legal separation. This involves filing paperwork with the court that outlines the terms of the separation and establishes how issues, such as child custody, visitation rights, spousal support and division of marital property, will get handled. A legal separation does not involve ending the marriage officially but it does provide protection for both parties.

Consider mediation or counseling

Mediation and/or counseling can be beneficial in helping you both come to a mutual decision about the divorce. A mediator or counselor can help facilitate understanding between the two of you, guide conversations, and provide perspective. In a typical divorce, both parties have their own lawyers and try to negotiate an agreement. However, with mediation or counseling, the focus is on presenting solutions that work for both of you.

File a petition for divorce

If none of the above options work for you, you may have to file a petition for divorce. This means that you will need to present your case in court and convince the judge that a dissolution of marriage is in everyone’s best interest.

In the end, the decision to divorce is a personal one. Whatever path you choose, make sure that you are taking care of yourself emotionally and financially. Just remember that while it may seem daunting at first, it is possible to move forward with a divorce even if your spouse doesn’t want to.