what happens if one spouse wants to divorce and the other doesn't hire an attorney

Full Answer

What happens if only one person wants a divorce?

Someone Cannot Force You to Stay Married to Them While the best-case scenario is that the two spouses will mutually negotiate a divorce agreement, you have options if the other spouse simply refuses to talk about a divorce. The law does not bind you to the marriage forever if that is not your wish.

What can you not do during a divorce?

Top 10 Things NOT to Do When You DivorceDon't Get Pregnant. ... Don't Forget to Change Your Will. ... Don't Dismiss the Possibility of Collaborative Divorce or Mediation. ... Don't Sleep With Your Lawyer. ... Don't Take It out on the Kids. ... Don't Refuse to See a Therapist. ... Don't Wait Until After the Holidays. ... Don't Forget About Taxes.More items...•

What happens if partner doesn't agree to divorce?

If your spouse fails to answer your petition of divorce by the deadline, or simply refuses to answer, you can request the judge grant your divorce by default. In a default judgment, the judge can grant the requests outlined in your divorce petition.

How long can a spouse drag out a divorce?

There is no deadline on divorce, so your spouse could delay the process for months and even years depending on the circumstances of your situation. However, you don't have to sit around while your spouse takes their time. With the help of a lawyer, you can request a court hearing to address these issues.

How do you protect yourself in a divorce financially?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

How long does a one sided divorce take?

In India u can get one sided divorce from ur husband but not in 15 days rather it take time minimum 6 months. If ur marriage is registered at abroad than u have to get opinion from Advocate of that very country.

How long do you have to be separated before divorce is automatic?

There's no legal time limit on when you can start divorce proceedings, as long as you've been married for one year. You can begin divorce proceedings as soon as you separate.

Can you get divorced without the other person signing?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

Can you date while going thru a divorce?

There is no legal reason why a person cannot start dating before their divorce is final. All jurisdictions in the United States will allow a couple to divorce without having to establish fault on the part of one of the parties.

What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

Are you allowed to date during a separation?

Complicated. Is Dating ok during a separation? As long as you are living apart, and abide by any legal agreements, dating while separated is legal. However, dating while separated may have emotional implications that may impact the quality of life for your entire family for years to come.

Should you date while getting a divorce?

Divorce and dating rarely go together. Not only can dating during divorce potentially jeopardize your divorce settlement and child custody arrangement, it can rock the emotions of everyone involved. Before you start downloading dating apps, consider the following reasons NOT to date during divorce.

How to help your spouse with their behavior?

What did they experience when you behaved the way you did?   Focus on their pain and loneliness. Talk to a counselor/coach who can help you get a better understanding of your actions and their consequences.

How to keep a relationship healthy?

Invest in counseling or coaching to help you put healthy habits in place that will keep your relationship healthy and thriving.

Is it your fault when a marriage goes wrong?

Again, I caution you to avoid blaming. It is never entirely your fault when a marriage goes wrong, but your objective isn’ t to be proven right . It is to save your marriage. At some point, you have said or done things that have been hurtful to your spouse.   It’s time to own it.

Can you leave your spouse's house?

However, don’t agree to leave the house if your spouse asks you. Be kind in your refusal but it gets much harder to save the marriage when one of you moves out.   You can’t stop your spouse from leaving, but do not offer to be the one who moves out first.

Is it too late to beg your spouse to leave the house?

This isn’t the time to push for marriage counseling if your partner is resistant to the idea. However, don’t agree to leave the house if your spouse asks you.

Can you control your spouse's decisions?

There are no guarantees, and you have to remember that you cannot control the decisions your partner makes, but I’ve seen amazing things happen when one person in the marriage begins making positive changes.

Is it human nature to want to pursue what you need and want?

It is human nature to want to pursue what you need and want. But sometimes, you have to act opposite to your instincts in order to get what you want. Contact Us. “ If you want to try & save your marriage, this is the time for you to start making drastic changes.”.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I Share a Divorce Attorney With My Spouse?

Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

What to expect when going to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself. Your attorney will tell you what to expect in court before you go, which you can pass on to your ex if you’re so inclined. However, you aren’t obligated to share any information.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can a divorce lawyer give advice?

There are many websites that provide general information about divorce, but they can’t replace the case-specific advice that only an attorney can give . Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.

What to do if your husband says he wants a divorce?

If your husband says he wants a divorce, don’t say anything. Just listen. The next thing you should do is find yourself a good lawyer.

Why do couples step back from divorce?

I’ve seen many couples step back from divorce because one partner alone has been willing to champion the cause of resurrecting the marriage. Again, there’s no guarantee, but what I’ve seen is that the spouse who held fast to his or her conviction to give saving the marriage a go is able to say, in the end, “I gave it my all.”

What is the job of a couples therapist?

As a couples therapist it’s my job to support the goals and interests of both clients, to not side with the concerns of one at the expense of the other. I can no more advocate for one partner to stay married (or do couples therapy) when he or she is dead set against it, than advocate that the other one give up all hope for a reconciliation.

What is the equivalent of working on the relationship?

To the spouse who wants out, working on the relationship is roughly equivalent to rearranging the deck chairs on the Titanic. All that person can think of is “where’s the nearest lifeboat and how soon is it leaving?”

Can you give up on divorce?

Though there’s no guarantee that taking a firm stand for your marriage will convince your divorce-bound spouse to change course, giving up is guaranteed to bring the divorce you don’t want.

Speak with our Divorce Attorney in Phoenix & Scottsdale, AZ

Moshier Law should be your choice when you need the best divorce attorney in Phoenix. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.

Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

How to get more information about divorce?

If you are worried about the cost of an attorney, a great place to get more information about divorce is to attend a Second Saturday Divorce Workshop in your area , which often features advice and presentations by divorce attorneys, financial advisors, and other divorce experts.

What to do if your husband cannot buy you out?

If your husband cannot buy you out, then you can ask a family law judge to compel a sale. This will take some time and may require you to hire an attorney to help you with the motion, but if you can get your share of the home’s equity back, then it will be money well spent!

What happens if my spouse stops paying mortgage payments?

Additionally, if your spouse were to stop making mortgage payments on the house, your credit would be damaged along with his! Finally, if the house is considered marital property, then you are likely entitled to a portion of the equity.

Is it bad to let your name on your mortgage?

Brenda, you may be tempted to let things stay as they are since your spouse is paying your mortgage. That would be a bad idea. If your name is on the mortgage of the property, then it will likely be very difficult for you to get approved for a new mortgage if you wanted to buy another home.

Can my husband buy me out of my house?

You can give your husband the chance to buy you out of your share of the house during your divorce negotiations. (If you don’t have a lot of money, then I would advise considering divorce mediation ).) If your husband cannot buy you out, then you can ask a family law judge to compel a sale.

Can one spouse keep the house in divorce?

It is not uncommon in a divorce for one spouse to want to keep the house. If Spouse A agrees to let Spouse B keep the house, then the easiest thing to do is for Spouse B to buy out Spouse A. This can usually be done by Spouse B refinancing the home and pulling out enough equity during the refinance to buy out Spouse A.