Spouse Refusing To Get A Divorce: Top 5 Steps!

Divorce is a legal action wherein two people in a marriage relationship decide to call off their marriage. After the divorce, both individuals do not share the relationship. In some cases, one partner does not agree for a divorce despite the desire of the other spouse to seek a divorce immediately. It is a complex situation where navigating what to do next becomes difficult. Thus, you need a Montgomery contested divorce attorney. Fret not, as we have got you covered. In this article, we are going to discuss steps you may take to address this situation. So, here we go!

Table of Contents

Steps if your spouse refuses a divorce

1. Attempt counselling and mediation

Counselling and mediation are some popular ways to resolve a situation where one spouse is not ready for divorce. Mediation can help both the partners to talk and come to a common understanding regarding divorce. Counselling with an expert also helps you let your emotions out, giving you a clearer perspective.

2. Consult with a divorce attorney

If things do not settle with counselling and mediation, you must consult an experienced and qualified divorce lawyer to explore different legal options. A lawyer will guide you at every step while safeguarding your rights. If your spouse still refuses to take divorce, the lawyer will suggest some legal remedies that will help.

3. File for divorce

You can still file for divorce if your spouse does not agree for it. This concept is known as contested divorce, wherein one party undergoes the divorce process without the other party’s agreement. In such a situation, hiring a lawyer is important as they can navigate all complexities and suggest the best route for a smoother process.

4. Send divorce papers to your partner

Sending a formal divorce notice is yet another way to trigger your spouse who is not agreeing to a divorce. This will be a notification for them that it is an extremely serious procedure and they should engage as well.

5. Seek court intervention

If your partner does not respond or cooperate, proceed with the divorce. you might need to ask the court to get involved. This can entail asking the court to establish a hearing to discuss the matter or to impose orders pertaining to support payments, child custody, or asset distribution.