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4 obstacles to anticipate if a spouse does not agree to divorce

On Behalf of | Sep 20, 2021 | Divorce

People often do not see eye-to-eye when it comes to resolving divorce-related matters. However, there are cases where parties do not even agree to end the marriage.

If you are seeking a divorce, but your spouse is not on the same page, you will likely encounter some obstacles throughout the process. Anticipating them can help you overcome them and stay focused on the future.

Divorcing an unwilling spouse

If you are set on divorcing an unwilling party, you need to be ready for the following challenges:

  1. The process can take longer. An unwilling party may say they will get around to completing paperwork and then put it off. They can file motion after motion and refuse to reach agreements or participate in mediation. These stalling tactics can be frustrating, but your attorney can help you keep the process moving, even when the other party digs in their heels.
  2. Outside help can be necessary. You are not solely responsible for handling a divorce or convincing your spouse to participate. Outside parties can help you cope with this situation, including your attorney, forensic accountants and mental health professionals like counselors.
  3. You may need to make some painful decisions. You may feel like “the bad guy” for wanting a divorce, despite your spouse’s objections. Your family and friends may struggle to understand your decision. Under these circumstances, you may need to make choices others do not agree with. Seeking out support and guidance from others and knowing this is what you want can help you cope with these challenges.
  4. There may be setbacks even after you reach agreements. Your soon-to-be-ex-spouse may participate in divorce discussions initially only to back out or change their mind at the end. This can be incredibly frustrating, but know that it will not stop the divorce from progressing.

Navigating a default divorce

If your spouse is entirely unwilling to respond to the divorce petition or work out an agreement, the courts can grant a true default divorce.

In these divorces, you complete the necessary paperwork, turn everything in to the court clerk and wait for a judge to make a final judgment.

In other words, whether your spouse is participating in the divorce process or not, you can move forward with ending your marriage. Knowing what to expect can help you make informed decisions in your best interests.

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