Are you in a situation where you want to end your marriage, but your spouse doesn't want to move forward with the process? If so, you likely have some questions about what will happen in this unique situation.
Identify The Situation
There is one of two situations that you may find yourself in at the moment. Your spouse has either cooperated with the divorce process up until the very end where they refuse to sign the paperwork, or they are being uncooperative through the entire process and refusing to agree to a divorce at all. These are two completely different problems, so it's important to realize which one you are dealing with.
Figure Out Why Your Spouse Won't Agree To A Divorce
Sometimes a spouse is not agreeing to any part of the divorce process because they have not had time to grieve over the end of their marriage and mentally prepare themselves for moving forward with a divorce. A common way that people cope with being asked for a divorce is to fight it and be in denial. This is normal and can be an expected reaction for someone that was just hit with the bombshell of a demand that you are asking for.
However, you may be far removed from when you asked from a divorce, and actually have been separated and living on your own for quite some time. Is your spouse still fighting it? Then you may need to be more forceful with the actions that you take. If one person wants a divorce, there is nothing that the other person can do to stop it. The divorce will happen one way or another, and they need to realize that their reluctance is only going to drag out the process and cause it to cost more money.
Take Proper Action
It may be necessary to take legal action against your spouse to finalize the divorce when they are reluctant. This includes serving them with divorce papers so that they are forced into the courtroom to finalize the divorce process with a judge.
If your spouse has been holding off on signing the paperwork, it may be due to the divorce agreement not being what they expected. Consider talking with your spouse to find out if there is anything about the divorce agreement that they do not like, and if you have to make modifications to the agreement in order for them to agree. If this is the problem, your spouse needs to be aware that couples that cannot come to an agreement on their divorce terms will have a judge make the decision for them. Contact a firm in your area to discuss where to go next in your family law conflict.
What do family lawyers really do? Most people know that they help clients in divorce proceedings, but this is only a small piece of their job. These attorneys also help draft custody arrangements, create adoption contracts, formulate prenuptial agreements, and designate alternative guardianship of kids in situations of abuse. As you can probably guess, working as a family lawyer requires tact, compassion, and an endless drive to do good. We are passionate about the work that these attorneys do, which is why we chose to write about that work on this blog. Our hope is that in reading these articles, you will also develop an improved understanding of family law.