As an experienced family law attorney in New York, I’m accustomed to handling issues that arise during the divorce process.

“My Spouse Doesn’t Want a Divorce. Can They Stop Me From Getting Divorced?”

I receive this question regularly, and the answer is no. If you want a divorce, you can get a divorce. If one spouse is not on board with the divorce, it may make things more difficult. It will be more emotionally challenging and the reluctant party may be more unreasonable in court. However, regardless of obstacles, nobody can stop you from ultimately getting your divorce.

Divorce may become difficult because of any of these five main issues:

  1. Custody
  2. Maintenance (also known as alimony)
  3. Child Support
  4. Equitable Distribution
  5. Counsel fees

Uncontested and Contested Divorces

There are 2 main routes you can take when getting divorced. The first is an Uncontested Divorce.

An uncontested divorce means that you and your spouse have reached an agreement on all of the five issues listed above. If your divorce is uncontested, you will probably never see the inside of a courtroom. In this scenario, one person finalizes an agreement that both parties have signed and then files it with the court. You will have to wait for judgment to be entered.  Then, your marriage is dissolved.

The more difficult route is the Contested Divorce.

In a contested divorce, you will go to court because a judge is needed to make decisions about any of the five issues listed above.  Your divorce will continue until either you reach a settlement or you complete a trial.

Feel free to contact me with any questions about the divorce process. I can help in both contested and uncontested divorces.

Joseph H. Nivin, Esq.

The Law Offices of Joseph H. Nivin, P.C.

(347) 642-0376
118-35 Queens Boulevard, Suite 1220

Forest Hills, NY 11375
The Chanin Building

122 E. 42nd Street, Suite 2100

New York, NY 10168