Divorcing A Partner Who Doesn't Want Divorce

20 September 2017
 Categories: Law, Blog


The best divorce is one in which both parties have agreed to go their separate ways, but things don't always happen like that in the real world. Fortunately, you can divorce your spouse even if they don't want a divorce; just know that it's likely to be more difficult than divorcing someone who also wants the divorce. Here are some things you can do to make the divorce process easier:

Communicate With Your Partner

The first thing, if you haven't done it already, is to talk to your partner and discover when they don't want the divorce. You might just be lucky enough to learn that the hurdle is something you can overcome with a little work. However, you don't have to wait forever if your partner isn't willing to talk or give their consent.

Opt For a No Fault Divorce

If your partner is resisting the idea of a divorce, then being antagonistic towards them will only make matters worse. Claiming that they did something wrong to warrant the divorce is clearly antagonistic. In fact, expect your partner to contest the divorce ground if you have filed for a fault divorce. Instead, you stand a better chance of getting your divorce process underway by filing a no-fault divorce since it doesn't contain any accusation at all.

Serve Your Partner With The

Any person who wishes to divorce their partner must serve them with the divorce papers in a legally acceptable manner. Your state's divorce laws determine which service method is acceptable. This isn't usually a problem if the partner who is being served is receptive to the idea. However, a partner who doesn't want a divorce can make life difficult for you during the service process. Make sure you do everything by the book so that your partner can't later claim that they weren't properly served and derail the process.

Get an Attorney to Help You

It's possible to handle your divorce without an attorney, but self-representation during divorce is not advisable if there is a complication, and your partner refusing the divorce is definitely a complication. You cannot even be sure of the legal hurdles your partner may throw into your path once the process is underway. Therefore, get an attorney to help you avoid and overcome such hurdles as they arise.

Hopefully, the above tips will help you cruise through your divorce without any hitches. Remember to play your part by being utterly honest with your divorce attorney.