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What if I Want a Divorce but My Partner Doesn’t?

On Behalf of | Mar 3, 2023 | Divorce

Divorce is a complicated process, both emotionally and legally. In cases where one spouse does not want a divorce, the process can be even more complex. In this blog, our experienced attorneys at Coates Frey & Hackett, AAL LLLC will explain how to proceed with divorce in Hawaii when your spouse does not want to move forward with the divorce.

Court Process in Hawaii for When One Side Does Not Want To Move Forward With Divorce

If your spouse does not want a divorce but still wishes to file for one, you must petition for divorce. You must fill out the necessary documents relating to the divorce so they can be validly filed and accepted by the court.

File Complaint for Divorce

The first step is filing a complaint for divorce which must state precisely why you are seeking a divorce from your spouse. Be sure to include all facts and details that support your petition.

Spouse Receives Notice of Divorce

After the complaint for divorce has been filed, your spouse will receive notice of this complaint and have an opportunity to respond by filing an answer or motion as appropriate within a specific time set out by law.

Proceed with Divorce Proceedings

Depending on how they choose to respond, additional proceedings may be necessary before courts can grant the final judgment of complete dissolution of marriage, which concludes all matters, including division of assets, alimony, and child custody issues.

Contested Divorce When Children are Involved

If there are children involved, it may be best for you to seek legal counsel so they can help protect your rights and those of your children. As mentioned above, child custody can become a significant issue during contested divorces, so it’s important to know what options are available for protecting yourself and your family before going into court proceedings.

Reasons One Spouse May Not Want a Divorce

There could be many reasons one spouse wants a divorce while the other does not. Some of these reasons could include the following:

  • Infidelity
  • Abuse from either party
  • Lack of communication or trust
  • Incompatible goals or lifestyles
  • Unresolved conflicts

No matter the reason for wanting or not wanting a divorce, it is crucial for each person involved to recognize their feelings about it and work towards coming up with a solution together if possible.

If both parties cannot agree outside of court proceedings, they will need to seek legal counsel to proceed with their case in a court of law.

Related article you might find helpful: Why Is Mediation Beneficial During Divorce?

If you find yourself in a one-sided divorce, you will need legal counsel dedicated to fighting for you. Contact our experts at Coates Frey & Hackett, AAL LLLC and let us know how we can assist you and your family. 808-524-4854