What Are My Options If My Spouse Doesn’t Want a Divorce?
You may be ready to move on from a bad situation, but what if your spouse is not? Is it possible to end a marriage without the consent of both parties? Fortunately, the state of New York does offer avenues for spouses to separate when only one person wants out of the marriage.
A skilled and knowledgeable New York attorney can help you understand your options and take the necessary steps to secure your future happiness and well-being. If you need help separating from your spouse, contact the legal team at The Mandel Law Firm today. We can offer compassionate advice about your situation and will help you explore all legal avenues for separating from your spouse.
If you have questions, we have answers. Talk to an experienced divorce attorney with The Mandel Law Firm today.
Divorce in New York
While it may present additional challenges compared to an uncontested divorce, you can seek a divorce even if your partner does not want to end the relationship. There are two types of divorce recognized by the state of New York. The first is a no-fault divorce. A couple can file for a no-fault divorce if at least one partner states under oath that the marriage has irretrievably broken down for at least six months. Both partners must then demonstrate that all divorce-related issues have been resolved. These issues include agreements on property division, child support, and child custody. Because both parties must agree to a division of assets and other concerns, a no-fault divorce is rare in situations where only one spouse wishes to end the marriage.
The other form of divorce is a fault-based divorce. An individual may seek the dissolution of their marriage based on the following grounds:
- Infidelity/Adultery
- Abandonment for at least one year
- Cruel or inhuman treatment such as physical or mental abuse
- A partner has been incarcerated for at least three consecutive years after marriage
A spouse must provide evidence that their partner committed misconduct in the marriage for a judge to grant a fault-based divorce.
Can Only One Person File for Divorce?
New York will allow a divorce to be finalized without the other partner’s signature, but only under certain conditions. New York allows what is called a “no signature required divorce” and divorce by publication.
When a spouse officially files for divorce, the other spouse is presented with a legal summons. This summons requires the individual’s acknowledgment and response. In many situations where one spouse does not want to cooperate with the divorce proceedings, they ignore this legal summons. If the other spouse defaults—that is, fails to respond to the summons within 20 days—the court may process the separation as a “no signature required” divorce.
A spouse may also be able to achieve a divorce by publication. This is most often the case in situations of abandonment. A divorce by publication can also happen in cases of separation, where one spouse has lost contact with the other over time and cannot determine where they live or work.
Regardless of the particular circumstances of your marriage, it is a good idea to consult with an experienced divorce lawyer in New York if you are contemplating a separation.
Contact The Mandel Law Firm Today
Divorce is not always an easy process, particularly when only one partner wants to dissolve the marriage. However, you do not have to face these challenges alone. For more information about your legal options during this difficult time, contact an experienced New York family law attorney with The Mandel Law Firm for a free consultation.
