Many individuals, for whatever reason, would like to divorce their partners, yet their partners don’t want to separate. This may be because they want to “work it out” and are still deeply committed to the relationship or simply because they want to continue to reap the benefits of a joint income or health insurance. Numerous situations may result in one spouse wanting a divorce while the other does not.
Naturally, this leaves the spouse who wants a divorce in a difficult situation. Below, we’ll discuss how you can navigate a situation like this and obtain the divorce that you desire and feel is necessary.
You Want a Divorce But Your Spouse Does Not: How to Proceed
If this is the situation you find yourself in, the first thing you should do is find a reputable family law attorney Nassau County. Actually, in any divorce, it’s smart to hire a lawyer. The paperwork, summons, and petition can be extremely confusing, and in the event that you don’t have a prenup (or even if you do), you’ll want a family law attorney Nassau County on your side to get you what you deserve financially and property-wise in the proceedings.
Once you have a lawyer help you prepare and file your petition for divorce and the accompanying paperwork, your spouse will be served papers. At this point, your spouse may refuse to partake in the proceedings or to grant you a divorce. . Fortunately, in the state of New York since 2010, a spouse cannot stop divorce proceedings. They can try, however.
The good news is that generally speaking, the court simply wants to know that yours is a completely broken marriage before they will grant a divorce. And post-2010, this only needs to be spoken under oath by one spouse. Therefore, you can approach the court and say under oath that your marriage is irretrievably broken.
Even if your spouse contests this, the court will see that the marriage has to be broken if this is even an issue you two are arguing about. If, however, you attempt to get a divorce using New York’s fault grounds (cruel treatment or adultery), your spouse may very well contest this, and you would have to prove your case. This could leave you in divorce proceedings for years.
Contacting a Divorce Lawyer
If you want a divorce but your spouse does not, contacting a family law attorney Nassau County should be your first step. Find a lawyer with a long reputation for excellence and lots of experience in divorce law. Having trusted legal council on your side will inevitably make the entire experience of getting a divorce smoother, and it will put your mind at ease to know that you’re getting what you deserve out of the proceedings.