My wife wants a divorce and I don't, what are my options?

When one spouse files a petition for divorce, he or she must cite the legal grounds as to why the marriage has failed. Most states allow a couple to obtain a no-fault divorce and go their separate ways without blaming the other for bad behavior. If one party is alleging fault, such as cruelty or adultery, the family court will require proof of these allegations. The person filing for divorce is known as the “petitioner” while the other party is referred to as the “respondent”. Papers must legally be served and the respondent will usually have between 20 to 30 days in which to respond. A question that some lawyers are asked is, “what if my wife wants a divorce and I don’t”?

Preventing Your Spouse From Divorce

Trying to stop your spouse legally from obtaining a divorce could end up backfiring against you. Think long and hard before forcing an already angry partner to try and work things out. A husband who truly believes that his wife is temporarily struggling with the decision to leave the marriage has a few options. First try sitting down and engaging in open and honest communication. Explain why you don’t want the divorce and see where her feelings are at. From a legal perspective, you can go before the court and tell them why you don’t wish to end your marriage. The judge has the power to order the couple to enter mediation. This is where a third party will help the couple negotiate their unresolved issues.

A second option is to request that the court postpone the proceedings while the couple seeks counseling. Even if your spouse does not agree to this right away, you can have your lawyer contact hers with this suggestion.

Delaying the Inevitable?

People cannot legally prevent their spouse from obtaining a divorce. There are certainly ways to delay the process, but it may not stop the inevitable. A spouse that wants a divorce can simply appear in court and inform the judge that there is no hope of reconciliation. The divorce laws in each state are different, so it’s important to contact a family law attorney in your area for legal advice.