What to Do When One Spouse Wants Divorce But The Other Doesn’t

What to Do When One Spouse Wants Divorce But The Other Doesn’t

divorce mediationGoing through a divorce is a difficult and complex process, especially when the desire for separation is not mutual between spouses. When one spouse wants a divorce but the other wants to stay together, emotions can run very high and there can be a lot of uncertainty, making an already challenging process even more challenging. Divorce mediators understand the complexities of these difficult situations and are able to delicately but efficiently and effectively guide spouses through an emotionally charged situation.

Understanding Divorce Dynamics

It is more common than you think – one spouse files for divorce while the other still wants to save the marriage. This difference in desires can lead to frustration, confusion, and anxiety for both spouses. Divorce mediators help spouses have constructive conversations, even when they don’t agree.

Communication is Key

Effective communication is the key to having a successful divorce mediation process. When one spouse wants a divorce but the other does not, open and honest conversations become even more important. Mediators help couples communicate and understand each other during mediation sessions. They create a safe space for couples to share their feelings and needs, and they help them find common ground.

Exploring Options

If one spouse wants a divorce and the other does not, it is important to explore all available options. Mediation services focus on finding common ground and developing solutions that meet the needs and concerns of both parties. These may include:

  • Temporary Separation: A trial separation can provide time and space for spouses to reflect on their decision or opposition to divorce, and to gain clarity on their feelings and goals.
  • Counseling: Mediators frequently suggest professional counseling to address root causes and explore the possibility, or lack thereof, of reconciliation.
  • Mediated Agreements: Even though divorce may be the final outcome, mediators can help both parties reach agreements on various aspects of the divorce, such as property division, support, and child custody, in a way that respects their wishes and concerns.

If one spouse wants a divorce but the other does not, the road ahead may appear difficult. However, with the help of experienced divorce mediators, it is possible to navigate this situation with compassion, fairness, and respect for all parties involved. At Out-of-Court Solutions, our personalized and cost-effective mediation services can help you and your spouse find common ground and reach agreements that work for both of you, whether that means reconciliation or an amicable divorce.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster