How Do I Leave My Spouse Who Doesn’t Want a Divorce?

A lot of personal emotions and circumstances can come into effect in a divorce, which is why divorce proceedings can become so difficult in court. Not every divorce occurs mutually; sometimes one spouse wants to separate and legally divorce, and the other spouse completely disagrees. If you are the spouse that wants a divorce, and you are unsure how to proceed with the divorce process without your spouse’s approval, there are a few things you should discuss with your divorce attorney.

  • First, hire your divorce attorney. Before taking any permanent action, your lawyer can help explain to you divorce law and what it allows.
  • Next, you should just leave, regardless of any fears or hesitations related to your spouse. There is no state requirement that forces a married couple to live together. You can always decide to live apart from your spouse whether you are still married or in the process of divorce.
  • Consider a restraining order, depending on your circumstances. Courts will grant a restraining order in divorces to prevent either party from disposing of marital assets until the divorce is finalized. A restraining order can also be helpful if you fear domestic violence or violent crimes by your spouse and you want to limit physical contact.
  • Go ahead and file your divorce petition. A divorce is a lawsuit, and your spouse does not technically have to agree to it for you to at least file the petition.
  • Attend divorce court. If you and your spouse cannot come to an agreement on the divorce terms, the court can decide the issue for you.

Divorce proceedings can get ugly if one of the spouses does not agree with the terms of the agreement or situation. Fortunately, if you have a divorce attorney by your side, you can make the process go much more smoothly. Contact our San Diego divorce attorneys today to get started on your case if you are dealing with a contested divorce.