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What happens when one spouse doesn’t want to divorce?

On Behalf of | Sep 17, 2021 | Divorce |

A marriage could suffer from several problems that lead both spouses to seek a divorce. Divorce proceedings in Maryland could become more complicated when one spouse wants to dissolve the marriage, and the other does not. The spouse wishing to keep the marriage together might find it impossible and self-defeating to save a marriage that fell apart.

A divorce becomes unavoidable

Spouses seeking a divorce must understand the court renders a divorce decree. If the judge renders the decision, there’s nothing a spouse who wishes to keep the marriage together can do. Laws changed over the years, and both spouses need not agree to dissolve the marriage.

That’s not to say that one spouse cannot seek to save the marriage. A partner could suggest a marriage counselor or some other way to resolve the problems. In some situations, such as when one spouse is abusive, the other partner might be unwilling to try and salvage a terrible union.

Negotiations with a difficult spouse

Although it is possible to divorce someone who doesn’t want to go through proceedings, challenges may arise when it comes to negotiations. Asset distribution, spousal support, alimony, and child custody are all things that may come up during settlement talks. Additionally, there could be debts and other obligations that the parties must address.

If a spouse doesn’t agree to negotiations, taking things directly to the judge might be the only option. A judge might issue a decision the other spouse dislikes, but that is the risk he or she may take when refusing to deal with negotiations.

A spouse might employ delaying tactics during negotiations in a futile attempt to prevent the divorce. When such bad faith attempts at stalling appear obvious, seeking a judge’s ruling once again might be necessary.


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