When One Spouse Doesn’t Want Divorce

Deciding to get a divorce is never an easy decision but it can be much harder when one spouse does not want a divorce. When one spouse does not want a divorce, they are often angry and scared. They may quickly hire an attorney because they are angry and sad or they may refuse to engage in conversations about divorce altogether. While mediation is often ideal in this type of scenario, some reluctant spouses may not want to participate in mediation because they think it is counseling. The reality is, divorce mediation is in everyone’s best interests because your mediator will be an impartial 3rd party that facilitates respectful conversations so that you can address the financial, parenting, and legal issues of your divorce.

Most people do not like to get backed into a corner so forcing divorce on someone by filing divorce papers and having your spouse served does not usually lay the groundwork for an amicable divorce. And, while things may never be ‘amicable,’ there can be fair and productive conversations that move things along in the process, rather than drag things out endlessly arguing in court. Your mediator should assist you and your spouse in fully understanding the divorce process so that everyone involved can feel confident that they are being well-informed about the divorce. Your mediator will also walk you through the division of assets so that everyone feels an equitable solution has been made at the end. When one spouse does not want a divorce, you may have to move forward without them. But, in most cases, when you work with a mediator, you can come to a mutually agreeable solution for everyone.

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