What happens if you want a divorce but your spouse doesn’t?

On Behalf of | Sep 21, 2022 | Divorce |

If you have decided that you want to end your New Hampshire marriage, you have options. However, it can be challenging if your spouse doesn’t want a divorce.

Consider counseling

Speaking with your spouse about the situation is the first step. If you’ve been unhappy in your marriage, you will want to clear the air. If you’re open to trying to save the marriage, ask your spouse to go to couples counseling and see how they respond.

Make sure divorce is really what you want

Sometimes, a person might be unhappy or angry with their spouse and blurt out that they want a divorce when that’s not truly what they want. You should never say anything to your spouse that could be taken at face value when it’s so serious and you don’t really mean it.

When you’ve thought it through and realize it’s what you want, be firm and clear when telling your spouse you wish to end your marriage.

File your divorce petition

Once you’ve decided you want to proceed with a divorce, you should file a petition for divorce with the clerk’s office at your local family court. It should state what you want from the divorce such as alimony, child custody and child support. Your spouse will be served with the papers and will have a chance to respond.

With a spouse who is unwilling to accept your wishes to get a divorce, you will have to go through a traditional court divorce. Alternative measures like divorce mediation or collaborative divorce won’t be options unless they suddenly come around and are willing to work with you to resolve things.