My Spouse Doesn’t Want To Divorce
There are many different questions that you might bring to the table with your experienced divorce lawyer in the state of New York but one of the most baffling for you as a person who is ready to move forward with your life is what to do if your spouse does not intend to get a divorce. If the grounds for your divorce in the state of New York are anything other than no fault, then the spouse that wishes not to get the divorce must make every effort to prevent the other spouse from proving that the divorce grounds have a merit.
A court will not grant a divorce if the other spouse is successful in preventing that. This rarely happens, however, since New York is a no-fault state which makes it appear as though the granting of a divorce is largely inevitable. All issues of the marriage have to be resolved when a person files for a no-fault divorce in New York. The divorce will not be granted until all of the relevant issues have been addressed.
These include concerns over equitable distribution of marital property, spousal maintenance, child custody and child support. Someone who is not interested in moving forward with the divorce may try to delay the proceedings as much as possible by arguing over these issues.
However, this usually only leads to a temporary delay. This is because of the party’s attempt to resolve the issues on their own and are unable to do so. The court is responsible for eventually scheduling a trial about these issues and then making their own decision before moving on to grant a no-fault divorce. Rest assured that if you intend to get a divorce in the state of New York, you have a very strong chance of receiving one, but you will first need the services of an experienced and knowledgeable divorce lawyer.