Divorce Decision Not Mutual? What Steps to Take

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A couple in marital trouble

Both parties must agree to the terms regarding getting a divorce. If one party wants a divorce while the other doesn’t, this can lead to several problems. A study by the University of Utah found that couples who divorced without mutual agreement were more than twice as likely to experience negative consequences than those who divorced with mutual understanding. In addition, a study by the Journal of Family Psychology found that couples who divorced without mutual agreement were more likely to have poorer mental health outcomes than those who divorced with mutual understanding.

So why is it so crucial for both parties to agree on a divorce? There are several reasons:

  1. When both parties agree to a divorce, it tends to be less contentious and, therefore, less expensive.
  2. When both parties agree to a divorce, it’s typically more accessible for both parties to move on emotionally.
  3. When both parties agree to a divorce, it’s less likely that either party will feel resentment or bitterness toward the other.

However, that will not always be the case. If your partner is unwilling, you can perform these steps instead.

Understanding Your Rights

When getting a divorce, it is critical to understand your rights. If your partner is uncooperative, you may need to take legal action to ensure that you are treated fairly in the divorce process. You may want to consult with an attorney to help protect your interests during the divorce.

It is also essential to keep in mind that each state has different laws when it comes to divorce. You will want to ensure that you are familiar with the laws in your state so that you can make informed decisions about your case.

In most cases, domestic abuse falls into the category of no-fault divorces. This means that if one spouse is unwilling to cooperate, the other will be able to get a divorce based on their circumstances without having to prove fault or blame in court.

Seeking Support

Unfortunately, the unwilling partner may not cooperate or even communicate with you. In such a situation, it is essential to seek support from friends and family.

It is also important to remember that divorce can be a very emotional experience for both parties. It is beneficial to have someone who will listen without judgment and provide support during this difficult time. You may want to find counseling or join a support group specializing in divorce or relationship issues to process your feelings better and gain insight into how best to move forward.

Those friends and family can also testify in court to provide evidence for the divorce. They will have to provide an independent third-party opinion to prove that the other partner is unwilling to cooperate.

Hire a Divorce Lawyer

A divorce lawyer settling a divorce case

While it is possible to file for a divorce independently, it is crucial to seek legal help if your partner is unwilling or uncooperative. A qualified attorney can provide advice and assistance in navigating the process.

Your lawyer will be able to explain your state’s legal requirements, review any agreements you have made with your partner, and ensure that all the paperwork gets correctly filled out. They can also advise you on how best to proceed with the case in court and represent your interests if necessary.

Unfortunately, you might also encounter issues getting your partner to sign divorce papers because you do not want to meet eye-to-eye. In that case, you can get a process server to handle divorce papers. The professional can deliver the documents to your partner, who will have a limited time frame to respond.

If all else fails and you cannot get your partner’s cooperation, you can file for a default divorce. A default divorce occurs when one of the spouses doesn’t appear in court or respond to requests from the other spouse. In this case, the court may grant a divorce without requiring mutual agreement.

Moving On

Getting a divorce is never easy, but it can be even more complicated when one partner is unwilling or uncooperative. To protect yourself, ensure you understand your rights and take the necessary steps to move forward. With patience and determination, you will eventually find closure.

It will be an emotionally draining experience, so it is essential to remember to take care of yourself. Seek support and advice from those around you who understand what you’re going through and provide a safe space for you to process your feelings.

Eventually, you will resolve the situation, and you can start rebuilding your life. With patience, understanding, and proper legal help, you can ensure that the divorce decision is fair and equitable for both parties.

Final Thoughts

Divorce may not always be easy, but it does not have to be an impossible situation. When one partner is unwilling or uncooperative in the divorce decision-making process, there are still steps that you can take to ensure a fair resolution for all parties involved. Seek legal help and advice, enlist support from those around you, and take care of yourself as you progress. With these steps in mind, you can find closure and start rebuilding your life.

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