When one party doesn’t want to get divorced


When one party doesn’t want to get divorced.

It’s an unfortunate but common scenario: One party wants to get divorced and the other doesn’t. Divorce is always a difficult decision, but when one party refuses to acknowledge that the marriage is over it can be even more trying. Fortunately, one party’s reluctance will not prevent a divorce from going forward.

Care and compassion are virtues that are important to being a kind person. However, being understanding and compassionate can also have the added benefit of helping you move your divorce along in a smooth and timely matter. By cultivating empathy and treating your ex with compassion, you may help soften the blow of divorce and make the whole process easier on everyone. If you can convince your spouse that divorce is in everyone’s best interest, you are far more likely to get him or her work with you instead of against you.

In some cases, a soon-to-be-ex-spouse may stall the divorce and attempt to prevent the divorce altogether by requesting court ordered counseling. In cases where counseling is ordered, a court may order up to three sessions with a marriage counselor. The procedure for requesting counseling is different depending on how long you have been separated. If you have been separated for less than a year and you file a no fault divorce, your ex must request counseling within ninety days of your filing for divorce. However, if you have been separated for over a year and file a no fault divorce, then you will only have to attend counseling if the court determines that there is a reasonable chance that you and your ex could reconcile. In some instances, the court will not require counseling, even upon request. For instance, the court will never require counseling over the objection of a spouse who has obtained a Protection from Abuse (“PFA”) Order against the other spouse.  If you are ordered to go to marriage counseling, it is best to be kind and considerate, but resolute in your decision. If you are certain you want a divorce, let the counselor and your soon to be ex know that you are resolute.

Finally, if your ex is dragging your divorce on in other ways, an experienced divorce attorney can help to move your matter along. In some cases, your attorney may file a Motion to Appoint a Master or employ other strategies to move your divorce matter along. There are many tactics that a competent family law attorney can employ to ensure that your divorce goes through despite the opposing party’s reluctance. Contact an experienced family law attorney at LaMonaca Law today to ensure you have a speedy and fair divorce.


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About the author

About Jane Albrecht

Jane graduated Denison University where she was an active member of the History Honor Society. She obtained her J.D. from Emory University. At Emory, she interned for the EEOC. Upon graduation she worked at a public interest firm in Georgia. As a public interest attorney, she gained experience handling family law matters and working with clients through challenging times. Upon being admitted to the Pennsylvania Bar, Jane worked at a family law firm in Bucks County before starting her own practice in Montgomery County. She handled divorces, custody issues, and other family law matters. Jane lives in Montgomery County with her two young sons and her dog. Having gone through the divorce process herself and navigating a co-parenting relationship, Jane brings a great deal of understanding to her role as a family law attorney.