What if My Spouse Doesn’t Want a Divorce?
You’ve told your spouse that you want a divorce, but they do not want the marriage to be over. Maybe they do not agree that the marriage is over, maybe they think that the issues can be resolved, or maybe they object for a different reason.
If your spouse does not want to divorce, you can still proceed forward. Once a Divorce Complaint is filed, your spouse will be served. After a 90-day waiting period, they will have the option to consent to the divorce proceeding forward. If they refuse to consent, then there may be ways to move things forward through the court to address some issues while you wait to be able to move forward without consent. In Pennsylvania, you can proceed forward with a divorce without the consent of the other party once you have lived separate and apart for one year or more. “Separate and apart” does not necessarily mean physical separation.
If your spouse will not move out of the home, a petition can be filed asking the court to award you exclusive possession of the marital home during the pending divorce proceedings if the circumstances warrant it. If your spouse has access to all of the assets, a petition can be filed to ask the court to give you a portion of the assets up front rather than waiting until the final settlement or order depending on the facts of your case.
If you want to proceed in filing for divorce, we can help. Call us at 610-892-3877.