What if My Spouse Doesn’t Want a Divorce?


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 a divorce, and if your spouse does not, you can still proceed forward in filing for divorce and in beginning to address the economic issues surrounding the divorce without their consent.

If you want to proceed in filing for divorce, we can help. Call us at 610-892-3877.

Pearl shot with Teresa Mallon and Shayne

About the author

About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Alicia graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Alicia joined LaMonaca Law in April of 2011 and is a Partner at the firm. She was selected as a Top Lawyer in Main Line Magazine in 2014, 2016, 2017, and 2019 in the areas of Family Law and Divorce and has been named as a Best Lawyer in the areas of Adoption and Trial in the Delaware County Daily Times. Alicia is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania, Philadelphia, and Delaware County Bar Associations. Alicia resides in Delaware County with her dog, Leonard. In her time outside of the courtroom or office, she enjoys creating art, listening to podcasts, and spending time with friends and family.