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MY SPOUSE WANTS THE DIVORCE BUT I DO NOT

Updated: Feb 23

I am often asked, "What if my spouse wants the divorce but I do not?" Or perhaps you want the divorce but your spouse does not. And your spouse told you he/she will not cooperate with the divorce and it's your problem. This is a common situation and question.


Irretrievable Breakdown:

Massachusetts is a no-fault divorce state. All one spouse has to tell the Massachusetts Probate and Family Court judge is there is no chance of reconciliation so it is virtually impossible to prevent a no-fault divorce in Massachusetts. You have two no-fault divorce options. You can proceed on a no-fault Joint Petition for Divorce (see Massachusetts General Laws 208, Section 1A) or a no-fault Complaint for Divorce (see Massachusetts General Laws 208, Section 1B). You may be familiar with the Joint Petition for Divorce option as an uncontested divorce.

No-Fault Divorce in Massachusetts
Uncontested Divorce in Massachusetts

There are various forms of alternate dispute resolution that spouses can pursue to legally divorce in Massachusetts. Among the options you might consider are arbitration, conciliation and mediation. So as angry or shocked as your spouse may be, divorce mediation is a dignified and cost effective method of legally terminating your marriage. Mediation is a sound alternative to litigation and paying high legal fees which we can discus if you tell me, "My spouse wants the divorce but I do not." Discuss this option with Massachusetts divorce mediator Judith R. Kaplan during a consultation. The first-half hour of your consultation is free. www.jrkaplanlaw.com

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