What Happens When You Want to Divorce, but Your Spouse Doesn’t?
Deciding to divorce is never easy, and it becomes even more challenging when your spouse does not agree. In New York, you can still proceed with a divorce even if your spouse doesn’t consent. New York is a no-fault divorce state, meaning you can file for divorce on the grounds of an “irretrievable breakdown of the marriage” for at least six months. This eliminates the need to prove fault, such as adultery or cruelty, making the process somewhat smoother.
Under New York’s “No Fault” divorce law, you need not prove to a court that you should be granted a divorce. Likewise, your spouse cannot contest the divorce or prove in any way that a divorce should not be granted. Although grounds are no longer a major hurdle to getting a divorce, the issues of Equitable Distribution (division of property) and custody/parenting time must still be worked out by the parties or decided by a court.
If you find yourself in a divorce situation, the first step is to seek legal counsel. At Zimmer, Mathiesen & Associates, we can help you understand your rights and the legal process. We can also assist in gathering necessary documentation and evidence to support your case, such as financial records and proof of the irretrievable breakdown of your marriage.
Next, we can explore alternative dispute resolution methods, such as mediation or collaborative divorce. These methods allow both parties to negotiate and reach a settlement with the help of a neutral third party or collaboratively trained attorneys. These approaches can save time, reduce legal costs, and provide a more amicable resolution.
If these efforts fail and your spouse continues to contest the divorce, the case will proceed to court. Here, a judge will make decisions on unresolved issues based on the evidence presented. The court process can be lengthy and emotionally draining, but having a skilled attorney by your side can make a significant difference. Zimmer, Mathiesen & Associates is dedicated to advocating for your interests and ensuring that you achieve a fair outcome.
While going through a contested divorce is challenging, it’s important to remember that you have legal options and support available. By working with experienced attorneys, you can navigate the process with confidence and move towards a new chapter in your life.
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