What Happens If One Spouse Is Unwilling To Divorce?

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In the United States, either spouse can initiate a divorce by filing a petition for divorce with the court. However, if one spouse is unwilling to divorce, the process can become more complicated. It can be assisted by hiring the best divorce lawyer in Boston.  

Here is an overview of what can happen if one spouse is unwilling to divorce.

Spouse Is Unwilling To Divorce
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One spouse can still file for divorce.

Even if one spouse is unwilling to divorce, the other can still file for divorce. The spouse who files for divorce is the petitioner, and the other spouse is the respondent. If the respondent does not agree to the divorce, they may file a response to the petition and contest the divorce.

The court will decide the issue of fault.

In some states, the court will consider the issue of fault when deciding on a divorce case. This means the court will consider which spouse was responsible for the marriage breakdown. If the respondent contests the divorce and alleges that the petitioner is at fault, the court may consider this allegation in deciding the case.

The court will decide the issue of grounds for divorce.

In all states, the court will consider the grounds for divorce when deciding a case. There are several grounds for divorce, such as irreconcilable differences or adultery. If the respondent disagrees with the petitioner’s grounds for divorce, they may contest the grounds and present evidence to the court.

The court will decide the issue of property division.

In a divorce, the court will also consider the issue of property division. This includes dividing the couple’s assets and debts. If the respondent disagrees with the petitioner’s proposed property division, they may contest it and present evidence to the court.

The court will decide the issue of child custody.

If the couple has children, the court will also consider the issue of child custody. This includes deciding who the children will live with and how much time they will spend with each parent. If the respondent disagrees with the petitioner’s proposed custody arrangement, they may contest it and present evidence to the court.

The court will decide the issue of alimony.

In some cases, the court may also consider the issue of alimony or spousal support. This is financial support paid by one spouse to the other after a divorce. If the respondent does not agree with the petitioner’s request for alimony, they may contest the request and present evidence to the court.

The court will consider the issues of fault, grounds for divorce, property division, child custody, and alimony and may decide on these issues if the parties cannot reach an agreement. It is important for both parties to seek legal counsel to protect their rights and interests during the divorce process.

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