Sometimes, divorce is the best situation. But there are times when your wife won’t want a divorce. Here’s how to divorce your wife, even if she doesn’t want to.
No one takes the decision to divorce lightly – but what do you do when both spouses don’t agree on whether the decision is right?
Many times, both parties agree that divorce is the best option. But if you want a divorce and your wife doesn’t, you’ll find yourself wondering how to divorce your wife when she doesn’t agree. Is it possible to divorce someone who doesn’t want a divorce? Yes – but it takes a little bit more finesse.
In this guide, we’ll show you how to divorce your wife, no matter what. Keep reading to learn how to navigate this difficult situation gracefully.
“I Want to Divorce My Wife But She Won’t Let Me”
First, let’s take a look at the reality of divorcing your wife.
When you come to the decision that you want a divorce, she may think that she can prevent it from happening by not cooperating. However, this is a misconception about divorce. The truth is that if one person wants a divorce, it can happen.
In a marriage, both people have to agree to participate. But ending the marriage works differently. The court needs to agree to grant the divorce, not the other person in the marriage.
As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.
However, the negotiation of these issues does offer a potential block to completing the divorce. You can file your divorce papers with the court, and your wife can argue against as many points in the agreement as she wants to.
She may make it difficult to reach an agreement on child support, alimony, the division of property, parenting arrangements, and more.
These negotiations can run on for a long time. They won’t prevent the divorce, but they will slow it down a great deal. As long as the two of you can continue to pay lawyers and wage the court battle, things may drag on and on.
Should You Litigate?
When your wife won’t cooperate, you may think the best option is to hire a lawyer for litigation. However, before you reach this point, you can also try another option to get the ball rolling. Then, you can bring in a lawyer as needed.
Let’s take a look at how to set the divorce in motion with minimal strife on both sides.
How to Divorce Your Wife the Easy Way
To make things as painless as possible, you can start by having a conversation with your wife. Sometimes, a mediator can help the conversation stay focused and effective.
What should you say when you want to divorce your wife? Here are a few ways to approach the subject that may not get her on board, but will get you the divorce you ultimately want.
1. Make it Clear that Divorce is Unavoidable
Your wife might fight against the idea of divorce because she doesn’t think you really mean it. If your conversation has a “Should I divorce my wife?” feel to it, she will think that she can offer a different answer to the question.
Be firm and clear in your desire for a divorce. She may suggest counseling, therapy, and other ways to fix the relationship. You need to let her know that no matter what she tries, you are going through with the divorce.
However, a counselor or family therapist can actually be helpful for you. They can give you a safe space to announce your divorce plans to your wife, and help her through the process of accepting this fact.
You might want to jump right in with action, but the way you start the conversation will make a big difference in how smooth the rest of the process is. Be as kind as you can while your wife takes in the reality that a divorce is coming up.
2. Make a Case for Your Family
If you have children, make it clear that a divorce with minimal fighting is best for them. She may try to convince you to “stay together for the kids,” so have your argument as to why divorce is best for the whole family ready.
The more long and argumentative the divorce is, the harder it is for the kids. Your wife may not want a divorce, but if she cooperates with the process, the children will be better for it.
What To Do If She Resists
If your wife is still fighting against the idea of divorce after you broach these subjects, you’ll need to do more work to make the case for divorce. Here’s how to start proceeding with the courts, even without her cooperation.
1. Choose the Grounds for Divorce
Every state requires you to provide a reason for the end of the marriage. Every state also offers some kind of no-fault divorce.
Either way, you have to prove that you have grounds for the divorce. If you go the fault route, she can contest it, but no-fault divorces usually can’t be contested.
2. Do Your Research
Now, it’s time to look into exactly how to file the divorce petition correctly. This is a good time to get a lawyer on board so they can make sure you don’t miss any steps.
If you make an error in serving the divorce papers, your wife has another way to block things from moving forward. Then you’ll have to start the lengthy process over again.
3. Wait for the Response
Your spouse has a set period of time to respond to the divorce petition.
If they don’t respond within that period of time, talk to your lawyer about how you can still move forward.
4. Prepare for Court
If your spouse doesn’t respond to the divorce petition at all, you’ll need to get ready for trial. Your lawyer can help you get the proper documentation together so you can successfully get the divorce granted.
Need to Divorce Your Wife?
When you want a divorce and your wife doesn’t, you’ll almost always need a great lawyer on your side. They can guide you through how to divorce your wife with minimal time, money, and effort. Going it alone can drag out the process and add to your stress level.
Looking for the lawyer that will make your divorce proceedings as easy as possible? Find out more about our representation here.