Divorce can be a difficult process and may not be desired by both partners. Here’s what to do if you want a divorce and your husband doesn’t.
Many women may face the challenge of desiring divorce when their husband does not. Women can file for divorce even if their spouse does not want one. If he refuses to participate, she may obtain a default judgment from a court.
How to Tell Your Husband You Want a Divorce
Be strategic and tell your husband you want a divorce. Be prepared if the conversation gets emotional.
Decide if divorce is exactly what you want. Be honest with yourself in deciding if you are willing to end the relationship rather than try other options, like counseling.
Understand why your husband may not want a divorce. Their reasons could be affected by children, finances, or ease. You may not agree with their reasons to stay together, and you may have to explain why to your husband.
Time and place play a big role in telling your husband you want a divorce. Your husband does not want a divorce, so the conversation may be emotional. It is important that you choose a proper setting to accommodate that.
My Husband Will Not Participate in the Divorce
A person has the right to not participate in a divorce process. However, if he refuses to divorce, you can still divorce him without his participation.
Related: Contested and Uncontested Divorce: The Difference
Here are guidelines on how to divorce a husband without his participation:
- You must file a petition for divorce. The necessary paperwork for the divorce petition can vary by state. You must also have a legal reason to divorce her husband.
- You must serve the divorce papers to your spouse and document proof you have done so. If your husband responds to the petition but does not participate any further, a court can treat the case as an uncontested divorce.
- However, if your husband refuses to file his response to the petition, you can still proceed with the divorce. To do so, prove your husband knows you filed a petition for divorce. You must give your husband time to respond (each state has different time frames). Once this time frame elapses, ask the court to find your husband in default and establish a hearing on a default judgment.
- If your husband does not go to court for the hearing, you can be granted a default divorce. Your husband will have no say in the divorce process or judgment because he didn’t attend court.
- If your husband cannot be located, you can attempt to get a publication by divorce. Prove every reasonable attempt to locate your husband has been made. Next, you can publish notice of your petition for divorce in various media outlets in the area he was last seen. Depending on the state, a court may grant a default judgment a certain period of time after the publication.
Related: How to Get an Uncontested Divorce in California
Pieces of Advice
Divorce can come with a lot of emotions, especially negative ones. Here are a few pieces of advice to navigate the difficult process:
You do NOT need a husband’s permission to obtain a divorce. If you feel that you have taken the necessary actions to save your marriage, and you still want to divorce, you have every right to file for divorce.
Counseling is an option to get advice, talk in a safe space, or even relax amidst the potential chaos in a divorce.
Keep an open line of communication with a partner during a divorce. You and your husband may not agree. Ensure your intentions and reasoning for divorce are very clear.
It may be beneficial to give him time to process the divorce. His view toward the divorce may soften if he is given time to adjust to his new reality.
Do I Need to Hire a Lawyer?
If a married couple has children, then they will need a lawyer. Some states may provide legal assistance. If there are no children, a wife may not need a lawyer to get a divorce. However, it is recommended to obtain a lawyer to ensure the process goes smoothly.
Related: How to Get a Divorce Without Lawyers: DIY Divorce California
Contact Us
If you or a loved one would like to know more about what to do if your want a divorce and your partner doesn’t get your free consultation with one of our divorce attorneys today!