Both spouses don’t have to want to get divorced for a divorce to occur. It only takes one willing spouse to get divorced. While getting the unwilling spouse on board is ideal, sometimes it’s not possible. A divorce lawyer can help you determine what to do next.
Divorce is more often than not a difficult and painful process, whether you want the divorce or not. Sometimes both spouses mutually agree that it’s best for the marriage to come to an end. Other times one spouse desires the divorce, and the other doesn’t. What happens in these situations? The good news is that your spouse doesn’t have to agree to a divorce for you to get divorced. However, how you proceed and how difficult it becomes on you and your children is up to you and your spouse. Here are some steps you can take, including calling a seasoned Huntsville divorce lawyer in this situation.
Going to a couples counselor can provide you both with a safer, more controlled environment to express your feelings. It can give you an opportunity to work on a compromise—whether you end up getting divorced or not. The goal isn’t to change your mind or save your marriage; it’s to communicate effectively and provide a path forward.
You might also want to consider individual counseling. Here you’ll have your own safe place to process your feelings, determine what it is that you want, and what lengths you are willing to go to in order to get it.
Instead of the immediate goal being divorce, you might want to see if your spouse is open to the idea of a trial separation. In this scenario, you will be able to start living your lives apart but not yet be legally divorced. Sometimes this transition stage makes it easier for the unwilling spouse to acquiesce to the divorce. A Huntsville divorce attorney can help you in this process.
If all else fails, you can file a contested divorce. Unfortunately, it isn’t worth trying to negotiate or compromise with a spouse who simply doesn’t want a divorce. Contested divorces are never ideal, but sometimes they are the only way to deal with a complicated situation. It’s best to consult with a Huntsville divorce lawyer to determine if this is the best option for you and your family. Sometimes, once the unwilling spouse realizes how serious you are about wanting the divorce and the drawbacks of a contested divorce, they are willing to agree and compromise on a divorce settlement.
Your divorce attorney can help with challenging situations and facilitate negotiations and agreement whenever possible. Never think that you cannot end your marriage if your spouse disagrees.
No matter your situation, our firm is here to help. After learning more about what you are going through and the obstacles you face in divorce, we can help you determine the best way to move forward. Schedule your consultation with an experienced Huntsville divorce attorney. You can reach Cloud, Ryan & Rouse at 256-801-1000 or by using our online contact form.
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