What if I Don’t Want a Divorce?

Within the United States, around half of all marriages end in divorce. The end of a marriage is a sad thing, even when both spouses agree they no longer get along and that the marriage should be dissolved. Divorce can be even more difficult in situations where only one of the two spouses wants to end the marriage and the other wants to continue trying to make the relationship work. 

If you don’t want a divorce, the sad reality is there is little you can do if your spouse decides he or she no longer wishes to be married. While you could try to drag out the divorce process by waiting until the last minute to respond to court papers and by contesting the divorce at different stages in the process, all this is likely to do is make the process more expensive and antagonize your spouse further.

If the person you are married to has decided to divorce, you’ll have little choice but for your marriage to eventually end. You need to protect yourself during the divorce process even if you didn’t want the marriage to be dissolved, and an Irvine divorce attorney at Brown & Charbonneau, LLP can help.

What if You Don’t Want a Divorce?

If you don’t want a divorce but your spouse does, you should consider suggesting counseling or a trial separation.  Sometimes, these steps are enough to give you a chance to save the marriage. You can create a formal legal separation agreement, similar to a final divorce agreement, so there are clear parameters for how money and time with the kids are handled during the separation period.  However, your spouse would need to agree to counseling or to try separating before officially ending the marriage.

If your spouse is committed to divorce and not interested in exploring alternatives, your husband or wife can file for divorce even if you do not want to end the marriage. Although dragging out the process and making the divorce harder to get is possible, ultimately your spouse will prevail in the end as no one can be forced to stay married to someone else.

Many people mistakenly believe if they don’t respond to the divorce papers, their husband or wife won’t be able to go forward with ending the marriage. This is a bad idea, as is not showing up to court hearings or missing deadlines. If you skip out on divorce proceedings, it won’t stop the divorce from moving forward. Instead, your spouse may be able to get a default divorce and you would miss out on the opportunity to assert your interests when it comes to property and child custody.

Whether you want  a divorce or not, you need to be actively participating at each step of the process of dissolving your marriage so you can at least make sure you are financially secure and that you get to see your kids.  Brown & Charbonneau, LLP helps clients through difficult divorces, including dissolution proceedings that only one spouse wants.

If your marriage is coming to and end, with or without your cooperation, give us a call today to speak with an Irvine divorce attorney who can help you.