What to Do When Only One Spouse Wants a Divorce

Divorce usually comes with a whole host of issues, and no two couples are the same. In some cases, choosing divorce as a solution is clear to one spouse but not to the other. For example, perhaps each party has a different idea of what marriage is. Or, maybe only one spouse wants a divorce, and the other is simply against it or in denial about the state of their marriage.

No matter the specific circumstances, the fact remains that not all couples are on the same page when it comes to divorce. However, when one spouse wants a divorce and the other does not, what is the best way to proceed?

Tips for Divorcing a Reluctant Spouse

Establishing an amicable tone at the beginning of the divorce proceedings with a reluctant spouse can prevent future animosity. In order to save time, money and frustration when filing divorce, follow these tips:

Hire a counselor or other professional

Divorce can quickly turn emotional even in the most neutral circumstances, especially when one spouse is reluctant to divorce. Therefore, counseling can help you understand why you are resorting to divorce, and if you could possibly save your marriage.

Show compassion 

In light of the fact that your spouse does not want to divorce, it is important to convey that you arrived at your decision after much thought and consideration. Your spouse may meet you with anger and resistance, but it is important to validate their emotions and offer them the proper support during this time.

Communicate openly

Discuss the situation calmly and honestly with your spouse.

Be patient

Give your spouse some time to deal with the prospect of ending the marriage and to prepare emotionally for the divorce.

Research your options

Potential options for procuring a divorce may include hiring an experienced divorce attorney to guide you through the process. They can help you address any issues which may arise, especially when only one spouse wants a divorce.

That said, anyone considering divorce should remember that other resources are available to help with all aspects of the process. Support can range from the actual preparation and filing of documents to legalizing the dissolution.

If you are considering filing for divorce in California and want to avoid the high cost of attorney’s fees, contact A People’s Choice for low-cost legal document help. Although we cannot give legal advice, A People’s Choice can help you prepare all required legal documents. Plus, we can help you navigate the California divorce process without hiring a lawyer.