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Divorce is stressful and confusing enough, even when your spouse agrees that ending your marriage is best for both of you. If your spouse refuses to cooperate, the situation can be more difficult, potentially resulting in extended litigation and courtroom battles. Fortunately, a skilled divorce lawyer can still help dissolve your marriage, even if your spouse doesn’t want to.

What Happens When Your Spouse Doesn’t Want to Divorce?

Deciding on Grounds

Every state allows no-fault divorces, but you may choose to cite your spouse’s behavior as a grounds for the dissolution, such as cruelty or infidelity. Successfully proving the grounds for your divorce may help with your alimony or child custody arrangements, but your case may be dismissed if your spouse denies the allegations. In all but the most serious circumstances, your divorce lawyer will likely recommend filing for a no-fault dissolution.

Filling Out the Summons

divorce lawyerBefore your case begins, your spouse must be served with a summons. In Connecticut and many other states, the documents have to be served by a state marshal or other uninterested party. If your spouse doesn’t respond to the summons and complaint, the court may simply grant your request, including the property division and child custody terms you’ve proposed.

Hiring a Divorce Lawyer

If your spouse does respond to the summons, it’s best to have a divorce lawyer to protect your rights and guide you through the legal process. When emotions are running high, you and your spouse might not be able to speak without fighting, so you might even want your divorce lawyer to handle negotiations on your behalf.

Protecting Your Interests

While your spouse can’t prevent you from getting a divorce, they may be able to make it as difficult and expensive as possible. Drawn-out litigation is emotionally traumatic and extremely expensive, but a skilled divorce lawyer can prevent unnecessary conflict and may be able to negotiate a mutually agreeable solution.

 

Contentious divorces are never easy, but the right legal representative can preserve your financial health and your peace of mind. For over 40 years, The Law Office of Gregory G. St. John, LLC has been helping clients throughout Waterbury, CT, see their legal problems in a clearer light. Visit their website for more on how they can help, or call (203) 759-0240 for a free consultation with an accomplished divorce lawyer today.

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